The Social Security Commissioners Procedure Regulations 1987

Application to a Commissioner for leave to appeal

3.—(1) Subject to paragraph (2) of this Regulation, an application may be made to a Commissioner for leave to appeal against a decision of an appeal tribunal or a medical appeal tribunal only where the applicant has been refused leave to appeal by the chairman of an appeal tribunal or, as the case may be, of a medical appeal tribunal.

(2) Where there has been a failure to apply to the chairman for such leave within the specified time, an application for leave to appeal may be made to a Commissioner who may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

(3) An application for leave to appeal under paragraph (1) above must be made within 42 days from the date on which notice in writing of the refusal of leave to appeal was given to the applicant.

(4) An application to a Commissioner for leave to appeal against a determination by the Attendance Allowance Board of any question of law arising

(i) on a review by the Board in pursuance of section 106(1) of the Act; or

(ii) in connection with a refusal by the Board to review a determination made in pursuance of section 105(3) of the Act,

must be made within 3 months from the date on which notice in writing of the determination was given to the applicant.

(5) A Commissioner may accept and proceed to consider and determine an application for leave to appeal under paragraphs (1) and (4) above notwithstanding that the period specified for making the application has expired, if for special reasons he thinks fit.