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

Late appealsE+W+S

19.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(5) Where a dispute arises as to whether an appeal was brought within the time specified under Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.

(5A) The relevant authority may treat a late appeal as made in time in accordance with Tribunal Procedure Rules if the relevant authority is satisfied that it is in the interests of justice.]

(6) For the purposes of paragraph [F3(5)], it is not in the interests of justice to [F4treat the appeal as made in time unless the relevant authority], is satisfied that—

(a)any of the special circumstances specified in paragraph (7) are relevantF5...; or

(b)some other special circumstances exist which are wholly exceptional and relevantF5...,

and as a result of those special circumstances, it was not practicable for the [F6appeal notice to be submitted in accordance with Tribunal Procedure Rules.]

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

(a)the [F7appellant] or a partner or dependant of the [F7appellant] has died or suffered serious illness;

(b)the [F7appellant] 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 [F8treat the appeal as made in time], [F9regard shall be had] to the principle that the greater the amount of time that has elapsed between the expiration of the time [F10limit under Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.]

(9) In determining whether it is in the interests of justice to [F11treat the appeal as made in time], 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 [F12Tribunal Procedure Rules]); or

(b)that [F13the Upper Tribunal] or a court has taken a different view of the law from that previously understood and applied.

F14(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)