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

Provision in respect of requests for further review of determinations

3.—(1) Subject to the following paragraphs and notwithstanding regulation 23 of the Decisions and Appeals Regulations (procedure in connection with appeals), where a person affected gives or sends written notice signed by him to a relevant authority requesting a further review of a determination (“reviewed determination”), that notice shall be treated as an application duly made for an appeal to an appeal tribunal from a relevant decision.

(2) Paragraph (1) shall—

(a) apply only in a case to which regulation 81(3) of the Housing Benefit Regulations or, as the case may be, regulation 70(3) of the Council Tax Benefit Regulations could have applied had Schedule 7 to the Act and regulations made thereunder not come into force;

(b) not apply in a case where a further review of the determination was made under regulation 81(3) of the Housing Benefit Regulations or, as the case may be, regulation 70(3) of the Council Tax Benefit Regulations before the relevant date.

(3) For the purposes of paragraph (1), the written notice must be given or sent within—

(a) four weeks of the date the person was notified of the reviewed determination; or

(b) the period allowed for under paragraph (5).

(4) Where written notice is given or sent –

(a) before the relevant date and the provisions in regulation 81(1), (1A) and (2) of the Housing Benefit Regulations, or as the case may be, regulation 70(1) and (2) of the Council Tax Benefit Regulations were satisfied before that date; or

(b) by the person affected more than four weeks after the date on which the person was notified of the reviewed determination and a Review Board extended the time before the relevant date for giving such notice under regulation 78(3) of the Housing Benefit Regulations, or as the case may be, regulation 68(3) of the Council Tax Benefit Regulations,

that notice shall be treated as an application duly made for an appeal from a relevant decision.

(5) The period of four weeks referred to in paragraph (3)(a) may be extended where an application for such an extension is made before 2nd August 2002 by a person affected and the application contains—

(a) the grounds on which an extension is sought; and

(b) sufficient details of the decision to enable it to be identified.

(6) An application for an extension of time shall be made in writing by the person affected and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the ONE logo.

(7) An application for an extension of time within which written notice may be given or sent shall be determined by a legally qualified panel member.

(8) An application for an extension of time shall not be granted unless the panel member is satisfied that the requirements imposed by regulation 19(5) to (9) of the Decisions and Appeals Regulations have been met.

(9) An application for an extension of time that has been refused may not be renewed.

(10) Regulation 16 of, and the Schedule to, the Decisions and Appeals Regulations, save for paragraph 3 of that Schedule, shall not apply in respect of a reviewed determination.