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The Social Security Commissioners (Procedure) Regulations 1999
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PART VAPPLICATIONS FOR LEAVE TO APPEAL TO THE APPELLATE COURT
Application to a Commissioner for leave to appeal to the Appellate Court
33.—(1) Subject to paragraph (2), an application to a Commissioner under section 15 of the Act for leave to appeal against a decision of a Commissioner shall be made in writing, stating the grounds of the application, within three months from the date on which the applicant was sent written notice of the decision.
(2) Subject to a direction by a Commissioner, in calculating any time for applying for leave to appeal under paragraph (1), there shall be disregarded any day before the day–
(a)on which notice was sent of a correction of a decision or the record of it under regulation 30; or
(b)on which notice was sent of a determination that a decision shall not be set aside under regulation 31.
(3) Regulation 33 of the Social Security (Claims and Payments) Regulations 1987(1) (persons unable to act) shall apply to the right of appeal conferred by section 15 of the Act (appeal from Commissioner on point of law) as it applies to rights arising under the Social Security Acts generally.
(4) A person in respect of whom a forfeiture rule question arises and the Secretary of State, shall be authorised to apply for leave to appeal from a Commissioner’s decision on a forfeiture rule question.
(5) Regulations 26(1) and 26(3) shall apply to an application to a Commissioner for leave to appeal from a Commissioner’s decision as they apply to the proceedings in that regulation.
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