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The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013

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Transitory provisions: appeals

21.—(1) Paragraph (2) applies where—

(a)the amending provisions have come into force under article 4(1) in relation to the case of a claim referred to in article 4(2)(a) to (d) (and any award that is made in respect of the claim) or the case of an award referred to in article 4(2)(e) or (f);

(b)the person is sent notice of a decision relating to a new style ESA award or a new style JSA award; and

(c)the date of notification with respect to that decision is before 28th October 2013.

(2) Where this paragraph applies, the provisions mentioned in paragraph (3) apply for the purposes of any appeal in relation to that decision as if regulation 55 of the Decisions and Appeals Regulations 2013 (consequential amendments) did not apply in that person’s case.

(3) The provisions referred to are the following provisions of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1)—

(a)regulation 32 (late appeals)(2);

(b)regulation 33 (notice of appeal); and

(c)regulation 34 (death of a party to an appeal).

(4) For the purposes of paragraph (1), “the date of notification” means the date on which the decision notice was posted to the person’s last known address by the Secretary of State.

Modifications etc. (not altering text)

(2)

Regulation 32 was amended by S.I. 2002/1379, 2003/916, 2008/2683 and 2012/2007.

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