The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001

Procedure in connection with appeals

23.—(1) Subject to paragraphs (2) to (4), the provisions in Chapters II to V of Part V of the Decisions and Appeals Regulations 1999(1) as in operation on the date these Regulations are made shall apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the Act.

(2) Regulations 38A(2), 41(3), 44(4), 45, 52 and 54(13)(b) of the Decisions and Appeals Regulations 1999 shall not apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the Act.

(3) The provisions of the Decisions and Appeals Regulations 1999 referred to in paragraph (1) shall have effect as if a reference to—

(a) the Department, except in regulations 40 (withdrawal of appeals and referrals) and 58(5) (application for leave to appeal to a Commissioner from an appeal tribunal), were a reference to a relevant authority;

(b) party to the proceedings were a reference to principal parties;

(c) “these Regulations” in regulations 46(1)(b) (appeals which may be struck out) and 57A(6) (provisions common to regulations 56 and 57) were a reference to the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001;

(d) a person in regulation 51 (postponement and adjournment) included a reference to a relevant authority;

(e) a relevant statutory provision in regulations 56(7) (correction of accidental errors) and 57(8) (setting aside decisions on certain grounds) were a reference to Schedule 7 to the Act, and

(f) in regulation 58 (application for leave to appeal to a Commissioner from an appeal tribunal)—

(i) Articles 13 and 14 were a reference to paragraphs 6 and 7 of Schedule 7 to the Act, and

(ii) after “the Department” there was inserted “or a relevant authority”.

(4) The provisions of the Decisions and Appeals Regulations 1999 referred to in paragraph (1) shall have effect as if in regulations 53(3)(b)(9) (decisions of appeal tribunals) and 57A(1) “or, as the case may be, a Child Support Commissioner” were omitted.

(1)

Relevant amending Regulations are S.R. 1999 No. 272, S.R. 2000 No. 215 and S.R. 2001 No. 29

(2)

Regulation 38A was inserted by regulation 2(4) of S.R. 1999 No. 272

(3)

Regulation 41 was amended by regulation 2(5) of S.R. 1999 No. 272

(4)

Regulation 44 was amended by regulation 7(4) of S.R. 2001 No. 29

(5)

Regulation 58 was amended by regulation 6(20) of S.R. 2000 No. 215

(6)

Regulation 57A was inserted by regulation 6(19) of S.R. 2000 No. 215

(7)

Regulation 56 was amended by regulation 6(17) of S.R. 2000 No. 215

(8)

Regulation 57 was amended by regulation 6(18) of S.R. 2000 No. 215

(9)

Regulation 53(3)(b) was amended by regulation 6(15)(a) of S.R. 2000 No. 215