The Social Security (Adjudication) and Child Support (Amendment) Regulations (Northern Ireland) 1996

Amendment of the Social Security (Adjudication) Regulations

2.—(1) The Social Security (Adjudication) Regulations (Northern Ireland) 1995(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 3 (manner of making applications, appeals or references; and time limits)—

(a) in paragraph (3) for “for special reasons” there shall be substituted “in the case of an application or reference, for special reasons, and in the case of an appeal, provided the conditions set out in paragraphs (3A) to (3E) are satisfied”;

(b) after paragraph (3) there shall be inserted the following paragraphs—

“(3A) Where the time specified for the making of an appeal has already expired, an application for an extension of time for making an appeal shall not be granted unless the applicant has satisfied the person considering the application that—

(a) if the application is granted there are reasonable prospects that such an appeal will be successful; and

(b) it is in the interests of justice that the application be granted.

(3B) For the purposes of paragraph (3A) it shall not be considered to be in the interests of justice to grant an application unless the person considering the application is satisfied that—

(a) special reasons exist, which are wholly exceptional and which relate to the history or facts of the case;

(b) such special reasons have existed throughout the period beginning with the day on which the time specified by Schedule 2 for the making of an appeal expires and ending with the day on which the application for an extension of time is made; and

(c) such special reasons manifestly constitute a reasonable excuse of compelling weight for the applicant’s failure to make an appeal within the time specified.

(3C) In determining whether there are special reasons for granting an application for an extension of time for making an appeal under paragraph (3) the person considering the application shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time specified for the making of the appeal and the making of the application for an extension of time, the more cogent should be the special reasons on which the application is based.

(3D) In determining whether facts constitute special reasons for granting an application for an extension of time for making an appeal under paragraph (3) no account shall be taken of the following—

(a) that the applicant or anyone acting for him or advising him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of any time limits imposed by Schedule 2);

(b) that a Commissioner (including a Commissioner within the meaning of section 191 of the Social Security Administration Act 1992(2)) or a court has taken a different view of the law from that previously understood and applied.

(3E) Notwithstanding paragraph (3), no appeal may in any event be brought later than six years after the beginning of the period specified in column (3) of Schedule 2.”;

(c) for paragraph (5) there shall be substituted the following paragraph—

“(5) Any application, appeal or reference under these Regulations shall contain particulars of the grounds on which it is made or given and—

(a) in the case of an appeal, shall include sufficient particulars of the decision under appeal to enable that decision to be identified; and

(b) in the case of an application under paragraph (3) for an extension of time in which to appeal, shall state the grounds on which it is proposed to bring the appeal.”; and

(d) after paragraph (7) there shall be added the following paragraphs—

“(8) In the case of an application under paragraph (3) for an extension of time for making an appeal, the person who determines that application shall record his decision in writing together with a statement of the reasons for the decision.

(9) As soon as practicable after the decision has been made it shall be communicated to the applicant and to every other party to the proceedings and if within three months of such communication being sent the applicant or any other party to the proceedings so requests in writing, a copy of the record referred to in paragraph (8) shall be supplied to him or it.”.

(3) In regulation 23 (decisions of appeal tribunals) after paragraph (3) there shall be added the following paragraph—

“(4) A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record (which may take the form of a transcript or tape) shall be supplied to the parties if requested by any of them within that period.”.

(4) In regulation 29 (procedure for disability appeal tribunals) after paragraph (6) there shall be added the following paragraph—

“(7) A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record (which may take the form of a transcript or tape) shall be supplied to the parties if requested by any of them within that period.”.

(5) In regulation 38 (medical appeal tribunals) after paragraph (5) there shall be added the following paragraph—

“(6) A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record (which may take the form of a transcript or tape) shall be supplied to the parties if requested by any of them within that period.”.

(1)

S.R. 1995 No. 293

(2)

1992 c. 5