Late applications for statements of reasons for tribunal decisions19
1
The time for making an application for the statement of reasons for an appeal tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but, subject to regulation 18(5), no application shall in any event be brought more than three months after the date of the sending or giving of the notice of the decision of the appeal tribunal.
2
An application for an extension of time under this regulation shall be made in writing and shall be determined by a legally qualified panel member.
3
An application under this regulation 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 (4).
4
The application for an extension of time shall not be granted unless the panel member is satisfied that it is in the interests of justice for the application to be granted.
5
For the purposes of paragraph (4) it is not in the interests of justice to grant the application unless the panel member is satisfied that—
a
the special circumstances specified in paragraph (6) are relevant to the application; or
b
some other special circumstances are relevant to the application,
and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 18(4).
6
For the purposes of paragraph (5)(a), the special circumstances are that—
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.
7
In determining whether it is in the interests of justice to grant the application, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the application for a copy of the statement of reasons for a tribunal’s decision is to be made 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.
8
In determining whether it is in the interests of justice to grant the application, no account shall be taken of the following—
a
that the person making the application or any person acting for him 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.
9
An application under this regulation for an extension of time which has been refused may not be renewed.
10
The panel member who determines an application under this regulation shall record a summary of his determination in such written form as has been approved by the President.
11
As soon as practicable after the determination is made, notice of the determination shall be sent or given to every party to the proceedings.
12
Any person who under paragraph (11) receives notice of the determination may, within one month of the determination being sent to him, apply in writing for a copy of the reasons for that determination and a copy shall be supplied to him.
13
In this regulation “Commissioner” includes a Commissioner within the meaning in section 39(1) of the Social Security Act 19988.