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

Time within which appeals are to be brought

31.—(1) Where an appeal lies from a decision of the Department to an appeal tribunal, the time within which that appeal shall be brought is, subject to the following provisions of this Part—

(a) one month of the date of notification of the decision against which the appeal is brought; or

(b) where a written statement of reasons for that decision is requested, 14 days of the expiry of the period specified in sub-paragraph (a).

(2) Where the Department—

(a) revises, or following an application for a revision under regulation 3(1) or (3) does not revise, a decision under Article 18 of the Child Support Order or under Article 10; or

(b) supersedes a decision under Article 19 of that Order(1) or under Article 11,

the period of one month specified in paragraph (1) shall run from the date of notification of the revision or supersession of the decision or, following an application for a revision under regulation 3(1) or (3), the date on which the Department issues a notice that it is not revising the decision.

(3) An appeal against a certificate of recoverable benefits shall be brought—

(a) not later than one month after the date on which a person making a compensation payment discharges his liability under Article 8 of the Recovery of Benefits Order;

(b) where the certificate is reviewed by the Department in accordance with regulations made under Article 13(5)(c) of that Order, not later than one month after the date on which the certificate is confirmed or, as the case may be, a fresh certificate is issued; or

(c) where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the accident, injury or disease, not later than one month after the date of that agreement.

(4) Where a dispute arises as to whether an appeal was brought within the time limit specified in this regulation, the dispute shall be referred to, and be determined by, a legally qualified panel member.

(5) The time limit specified in this regulation for bringing an appeal may be extended in accordance with regulation 32.

(1)

Article 19(3) and (5) was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998