The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Late appeals E+W+S

19.—(1) Subject to the following paragraphs, the time limit referred to in regulation 18 may be extended only if the conditions set out in this regulation are satisfied.

(2) No appeal shall be brought more than one year after the expiration of the last day for appealing under regulation 18.

(3) An application for an extension of time within which an appeal may be brought (“an application”) shall be determined by a legally qualified panel member[F1 , except that where the relevant authority considers that the conditions in paragraphs (5)(b) to (9) are satisfied the relevant authority may grant the application].

(4) An application shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (7).

[F2 (5) An application for an extension of time shall not be granted unless—

(a) the panel member is satisfied that, if the application is granted, there are reasonable prospects that the appeal will be successful; or

(b) the panel member or the relevant authority, as the case may be, is satisfied that it is in the interests of justice for the application to be granted.]

(6) For the purposes of paragraph (5)(b), it is not in the interests of justice to grant an application unless the panel member [F3 or the relevant authority, as the case may be,] is satisfied that—

(a) any of the special circumstances specified in paragraph (7) are relevant to the application; or

(b) some other special circumstances exist which are wholly exceptional and relevant to the application,

and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit referred to in regulation 18.

(7) For the purposes of paragraph (6)(a), the special circumstances are—

(a) the applicant or a partner or dependant of the applicant has died or suffered serious illness;

(b) the applicant is not resident in the United Kingdom; or

(c) normal postal services were disrupted.

(8) In determining whether it is in the interests of justice to grant the application, [F4 regard shall be had] to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the appeal is to be brought under regulation 18 and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

(9) In determining whether it is in the interests of justice to grant an application, no account shall be taken of the following—

(a) that the applicant was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that a Commissioner or a court has taken a different view of the law from that previously understood and applied.

(10) An application under this regulation which has been refused may not be renewed.

(11) The panel member who determines an application shall record a summary of his decision in such written form as has been approved by the President.

(12) As soon as practicable after the decision is made, a copy of the decision shall be sent or given to the principal parties to the proceedings.

Textual Amendments

F1 Words in reg. 19(3) added (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 27(a)

F2 Reg. 19(5) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 27(b)

F3 Words in reg. 19(6) inserted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 27(c)

F4 Words in reg. 19(8) substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379), regs. 1(1), 27(d)

Modifications etc. (not altering text)

C1 Reg. 19(5)-(9) applied (2.7.2001) by The Housing Benefit and Council Tax Benefit (Decisions and Appeals) (Transitional and Savings) Regulations 2001 (S.I. 2001/1264), regs. 1(1), 3(8)