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The Social Security Commissioners Procedure Regulations 1987
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- UK Statutory Instruments
- 1987 No. 214
- PART IV
- Regulation 25
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Changes and effects yet to be applied to Regulation 25:
- Regulations applied in part by S.I. 1996/207 reg. 44
- Regulations revoked by S.I. 1999/1495 reg. 2(a)
Setting aside of decisions on certain groundsU.K.
25.—(1) Subject to this Regulation and Regulation 26, on an application made by any party a decision may be set aside by the Commissioner who gave the decision in a case where it appears just to do so on the ground that—
(a)a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or his representative or was not received at an appropriate time by the Commissioner; or
(b)a party or his representative had not been present at an oral hearing which had been held in the course of the proceedings; or
(c)the interests of justice so require.
(2) An application under this Regulation shall be made in writing to a Commissioner, within 30 days from the date on which notice in writing of the decision was given by the office of the Social Security Commissioners to the party making the application.
(3) Where an application to set aside a decision is made under paragraph (1), each party shall be sent by the office of the Social Security Commissioners a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
(4) Notice in writing of a determination of an application to set aside a decision shall be given by the office of the Social Security Commissioners to each party and shall contain a statement giving the reasons for the determination.
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