Review out of time
16.—(1) This regulation applies if—
(a)HMRC offer a review of a decision under regulation 13; and
(b)the person or representative to whom the offer was made does not accept the offer within the time allowed under regulation 14(1)(b) or 15(2).
(2) Subject to paragraphs (4) and (5), HMRC must review the decision if—
(a)after the time allowed, the person or representative makes a request to HMRC in writing for a review out of time;
(b)HMRC are satisfied that the person or representative had a reasonable excuse for not accepting the offer within the time allowed; and
(c)HMRC are satisfied that the person or representative made the request without unreasonable delay after the excuse ceased to apply, if it has ceased to apply.
(3) If a person or representative makes a request as mentioned in paragraph (2)(a), HMRC must, within the period of 30 days beginning with the date of the request, notify the person or representative whether or not a review will be undertaken.
(4) The person or representative may not make a request for a review out of time if an appeal has been made to the tribunal under regulation 12.
(5) HMRC may not review the decision if an appeal has been made to the tribunal under regulation 12.