The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Changes over time for: Section 32

Alternative versions:

01/01/2015- Amendment

Changes to legislation:

The Social Security and Child Support (Decisions and Appeals) Regulations 1999, Section 32 is up to date with all changes known to be in force on or before 30 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 3B para. 2(b)(v)(vi) inserted by S.I. 2024/919 art. 7(3)(b)

Late appealsE+W+S

32 .—[F1[F2(1) Where a dispute arises as to whether an appeal was brought within the time specified under Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.

(2) The Secretary of State F3... or the Board, as the case may be, may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the conditions in paragraphs (4) to (8) are satisfied.]

[F4(4) An appeal may be treated as made in time if the Secretary of StateF5... or the Board, as the case may be, is satisfied that it is in the interests of justice.]

(5) For the purposes of paragraph (4) it is not in the interests of justice to [F6treat the appeal as made in time unless][F7, the Secretary of State or the Board, as the case may be,] is satisfied that—

(a) the special circumstances specified in paragraph (6) are relevant F8 ...; or

(b) some other special circumstances exist which are wholly exceptional and relevant F8 ...,

and as a result of those special circumstances, it was not practicable for the [F9appeal to be made] within the time limit specified in [F10Tribunal Procedure Rules].

(6) For the purposes of paragraph (5)(a), the special circumstances are that—

(a)the [F11appellant] or a [F12partner] or dependant of the [F11appellant] has died or suffered serious illness;

(b)the [F11appellant] is not resident in the United Kingdom; or

(c)normal postal services were disrupted.

(7) In determining whether it is in the interests of justice to [F13treat the appeal as made in time], [F14regard shall be had] to the principle that the greater the amount of time that has elapsed between the expiration of the time [F15limit under Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.]

(8) In determining whether it is in the interests of justice to [F16treat the appeal as made in time], no account shall be taken of the following—

(a)that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by [F17Tribunal Procedure Rules]); or

(b)that [F18the Upper Tribunal] or a court has taken a different view of the law from that previously understood and applied.

F19( 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19( 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19( 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1Reg. 32 omitted (28.10.2013) by virtue of The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 4(10)(c) (with reg. 8)

F2 Reg. 32(1)(2) substituted for reg. 32(1)-(3) (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 122(a)

F3Words in reg. 32(2) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(13)

F4 Reg. 32(4) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 122(b)

F5Words in reg. 32(4) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(13)

F6 Words in reg. 32(5) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 122(c)(i)

F7 Words in reg. 32(5) inserted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 10(c)(i)