The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

11.  In regulation 33(1) (making of appeals and applications)—

(a) in paragraph (2)—

(i) in sub-paragraphs (a) and (c) for the words “Department of Social Security” there shall be substituted the words “Department for Work and Pensions”;

(ii) in sub-paragraph (b) for the words “Department of Social Security or of the Department for Education and Employment” there shall be substituted the words “Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal”; and

(iii) in sub-paragraph (e) for the words “Department of Social Security” there shall be substituted the words “Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal”;

(b) for paragraph (7) there shall be substituted the following paragraph—

“(7) Where a person to whom a form is returned, or from whom further particulars are requested, duly completes and returns the form or sends the further particulars, if the form or particulars, as the case may be, are received by the Secretary of State or the Board within—

(a) 14 days of the date on which the form was returned to him by the Secretary of State or the Board, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;

(b) 14 days of the date on which the Secretary of State’s or the Board’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request; or

(c) such longer period as the Secretary of State or the Board may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Secretary of State or the Board.”; and

(c) the following paragraph shall be substituted for paragraph (10)(2)—

“(10) The Secretary of State or the Board may discontinue action on an appeal where the appeal has not been forwarded to the clerk to an appeal tribunal or to a legally qualified panel member and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.”.

(1)

Regulation 33 was amended by S.I. 1999/1662, 2570 and 2677 and 2000/897, 1596 and 3030.

(2)

Paragraph (10) was added by S.I. 2000/1596 but that amendment did not apply for tax credit purposes.