The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 2007

Amendments to the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003(1)

4.—(1) The Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003 shall be amended in accordance with this regulation.

(2) In the Arrangement of Regulations—

(a) after the entry for regulation 6 insert—

“6A.   Legal Aid”.

(b) before the entry for regulation 7 insert—

“6B.   Application of this Part”; and

(c) in the entry for regulation 11 omit “after leave obtained”.

(3) In regulation 2 (Interpretation)—

(a) after the definition of “chairman” insert—

““funding notice” means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;”;

(b) after the definition of “legally qualified” insert—

““live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);”; and

(c) after the definition of “month” insert—

““Northern Ireland Legal Services Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003;”.

(4) In regulation 6 (Manner of and time for service of notices, etc.)—

(a) after paragraph (1)(b) insert—

“(ba) subject to paragraph (1A), sent by e-mail; or”;

(b) after paragraph (1) insert—

“(1A) A document may be served by e-mail on any party if the recipient has informed the person sending the e-mail in writing—

(a) that he is willing to accept service by e-mail;

(b) of the e-mail address to which the documents should be sent; and

(c) if the recipient wishes to so specify, the electronic format in which the documents must be sent.”; and

(c) in paragraph (2) for “delivered or sent to the office” substitute—

“—

(a) delivered to the office in person;

(b) sent to the office by pre-paid post;

(c) sent to the office by fax; or

(d) where the office has given written permission in advance, sent to the office by e-mail.”.

(5) After regulation 6 insert—

“Legal Aid

6A.   If a party is granted assistance by way of representation or legal aid, at any time, he shall—

(a) where it is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and

(b) notify every other party that it has been granted.”.

(6) In Part II (Applications for leave to appeal and appeals), before regulation 7 insert—

“Application of this Part

6B.   In this Part—

(a) regulations 7, 8 and 9 apply to appeals other than an appeal against a determination in penalty proceedings;

(b) regulations 10, 11 and 12 apply to all appeals.”.

(7) In regulation 10 (Notice of appeal), in paragraph (1)(b) before “the date” insert “where applicable,”.

(8) For regulation 11 substitute—

“Time limit for appealing

11.— (1) In the case of an appeal against a determination in penalty proceedings, the notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the decision of the appeal tribunal being sent to the applicant.

(2) For all other appeals, a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.

(3) A Commissioner may for special reasons accept late notice of appeal.”.

(9) In regulation 19 (Hearing), after paragraph (6) insert—

“(6A) Subject to the direction of a Commissioner—

(a) any person or organisation entitled to be present and be heard at a hearing; and

(b) any representative of such a person or organisation,

may be present by means of a live television link.”.

(10) In regulation 27 (Application to a Commissioner for leave to appeal to the Appellate Court), for paragraph (2) substitute—

“(2) Where—

(a) any decision or record of a decision is corrected under regulation 24; or

(b) an application for a decision to be set aside under regulation 25 is refused for reasons other than that the application was made outside the period specified in regulation 25(2),

the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.”.

(1)

S.R. 2003 No. 18.