PART VE+W+S APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT

CHAPTER VE+W+SDECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS

APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)E+W+S

Application for leave to appeal to a Commissioner from an appeal tribunalE+W+S

58 .—[F1(1) [F2Subject to paragraph (1A),] an application for leave to appeal to a Commissioner from a decision of an appeal tribunal under [F3section 13 of the 1997 Act or under] section 12 or 13 shall—

(a)be [F4sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent] a written statement of the reasons for the decision against which leave to appeal is sought; and

[F5(b)be in writing and signed by the applicant or, where he has given written authority to a representative to make the application on his behalf, by that representative;

(c)contain particulars of the grounds on which the applicant intends to rely;

(d)contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and

(e)if the application is made late, contain the grounds for seeking late acceptance.]

[F6(1A) Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings—

(a)the decision notice is corrected in accordance with regulation 56; or

(b)an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,

the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.]

(2) Where an application for leave to appeal to a Commissioner is made by the Secretary of State [F7or the Board], the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.

F8( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(4) A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.]

(5) Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a) [F10or (1A)] but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

[F11(6) Where an application for leave to appeal against a decision of an appeal tribunal is made—

(a)if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or

(b)if it is impracticable, or it would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.]]

Textual Amendments

F7 Words in reg. 58(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 27

Modifications etc. (not altering text)