The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 2007

Type Ni-Statutory-Rule
Publication 2007-03-07
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 7th March 2007

To be laid before Parliament

Coming into operation: 31st March 2007

The Lord Chancellor, in exercise of the powers conferred by the provisions set out in the Schedule to these Regulations makes the following Regulations.

Citation, commencement and duration

1

Amendments to the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999

2

(8A) Legal Aid

“the 2000 Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;

“the Board” means the Commissioners for Her Majesty’s Revenue and Customs;

“child benefit” means child benefit under Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00003];

  • “the Department” means the Department for Social Development in Northern Ireland;
  • “funding notice” means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;
  • “guardian’s allowance” means guardian’s allowance under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
  • “live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);
  • “Northern Ireland Legal Services Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003[^f00004];
  • “person affected” means, subject to paragraph (2), a person who is a person affected under regulation 3 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00005] provided that he is an appellant against the appeal tribunal’s decision or was a party to the appeal tribunal proceedings;
  • “relevant authority” has the same meaning as in paragraph 1(1) of Schedule 7 to the 2000 Act;
  • “respondent” means— any person or organisation other than the applicant, appellant or person making the reference who is one of the principal parties as defined in Article 14 of the Order, any other person taking part in the proceedings in accordance with Article 15 of the Order or as a person affected or as a relevant authority or at the direction or with the leave of the Commissioner, the Department in any case where it is not otherwise a respondent and has given notice to the Commissioner of its wish to be joined as a party to the proceedings.

; and

(2) For the purpose of paragraph 8(2)(c) of Schedule 7 to the 2000 Act “person affected” shall be construed in accordance with regulation 3 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 and for the purpose of paragraph 8(3) of Schedule 7 to the 2000 Act “person affected” shall have the meaning given in paragraph (1).

(ba) subject to paragraph (1A), sent by e-mail; or

(1A) A document may be served by e-mail on any party if the recipient has informed the person sending the e-mail in writing— (a) that he is willing to accept service by e-mail; (b) of the e-mail address to which the documents should be sent; and (c) if the recipient wishes to so specify, the electronic format in which the documents must be sent.

; and

— (a) delivered to the office in person; (b) sent to the office by prepaid post; (c) sent to the office by fax; or (d) where the office has given written permission in advance, sent to the office by e-mail.

(8A) If a party is granted assistance by way of representation or legal aid, at any time, he shall— (a) where funding is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and (b) notify every other party that it has been granted.

(2) Where a forfeiture rule question arises, (a) the relevant authority, in cases concerning housing benefit; (b) the Board in cases concerning child benefit or guardian’s allowance; or (c) the Department in any other case, shall refer that question to a Commissioner to determine, and shall notify the person in relation to whom the question arises that such a reference has been made.

; and

(2) Where the party who referred the forfeiture rule question to a Commissioner under regulation 14(2)— (a) considers that the decision should be superseded; or (b) has received a written application for supersession from the person in relation to whom the decision was made, that party shall refer the decision to a Commissioner to determine whether it should be superseded, and shall notify the person to whom the forfeiture rule question relates that the reference has been made. (3) A Commissioner may supersede any decision on a forfeiture rule question, whether as originally made or as superseded, if— (a) the decision was erroneous in point of law; (b) the decision was made in ignorance of, or was based on a mistake as to, some material fact; or (c) there has been a relevant change in circumstances since the decision was made. (4) A determination by a Commissioner under this regulation shall take effect from the date on which it is made, or from such other date as a Commissioner may direct.

(4) Where there is more than one respondent, the order of, and time for, written observations shall be as directed by a Commissioner under regulation 20.

(ff) in cases concerning housing benefit, the relevant authority and any person affected; and

; and

(6A) Subject to the direction of a Commissioner— (a) any person or organisation entitled to be present and be heard at a hearing; and (b) any representative of such a person or organisation, may be present by means of a live television link. (6B) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.

(2) Where— (a) any decision or record of a decision is corrected under regulation 30; or (b) an application for a decision to be set aside under regulation 31 is refused for reasons other than that the application was made outside the period specified in regulation 31(2), the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.

(4) A person in respect of whom a forfeiture rule question arises and (a) the relevant authority in cases concerning housing benefit; (b) the Board in cases concerning child benefit or guardians allowance; or (c) the Department in any other case, shall be authorised to apply for leave to appeal from a Commissioner’s decision on a forfeiture rule question.

Amendments to the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999

3

(9A) Legal Aid

  • “the 1999 Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00009];
  • “funding notice” means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;
  • “live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);
  • “Northern Ireland Legal Services Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003;
  • “panel member” means a person appointed to the panel constituted under Article 7 of the Social Security (Northern Ireland) Order 1998 and who is a barrister or solicitor.

(ba) subject to paragraph (1A), sent by e-mail; or

(1A) A document may be served by e-mail on any party if the recipient has informed the person sending the e-mail in writing— (a) that he is willing to accept service by e-mail; (b) of the e-mail address to which the documents should be sent; and (c) if the recipient wishes to so specify, the electronic format in which documents must be sent.

; and

— (a) delivered to the office in person; (b) sent to the office by pre-paid post; (c) sent to the office by fax; or (d) where the office has give written permission in advance, sent to the office by e-mail.

(9A) If a party is granted assistance by way of representation or legal aid, at any time, he shall— (a) where it is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and (b) notify every other party that it has been granted.

(6) Where an application for leave to appeal against a decision of an appeal tribunal is made— (a) if the chairman was a fee-paid panel member, the application may be determined by a salaried panel member; or (b) if it is impracticable or would be likely to cause undue delay for the application to be determined by the chairman, the application may be determined by another panel member.

; and

(7) Where— (a) any decision or the record of a decision is corrected under regulation 56 of the 1999 Regulations; or (b) an application for a decision to be set aside under regulation 57 of the 1999 Regulations is refused for reasons other than that the application was made outside the period specified in regulation 57(3) of those Regulations, any time limit specified by this regulation shall run from the date on which notice of the correction or refusal was sent or given to the applicant.

(6A) Subject to the direction of a Commissioner— (a) any person or organisation entitled to be present and be heard at a hearing; and (b) any representative of such a person or organisation, may be present by means of a live television link. (6B) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.

(2) Where— (a) any decision or record of any decision is corrected under regulation 27; or (b) an application for a decision to be set aside under regulation 28 is refused for reasons other than that the application was made outside the period specified in regulation 28(2), the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.

Amendments to the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003

4

(6A) Legal Aid

(6B) Application of this Part

; and

  • “funding notice” means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;
  • “live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);

; and

  • “Northern Ireland Legal Services Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003;

(ba) subject to paragraph (1A), sent by e-mail; or

(1A) A document may be served by e-mail on any party if the recipient has informed the person sending the e-mail in writing— (a) that he is willing to accept service by e-mail; (b) of the e-mail address to which the documents should be sent; and (c) if the recipient wishes to so specify, the electronic format in which the documents must be sent.

; and

— (a) delivered to the office in person; (b) sent to the office by pre-paid post; (c) sent to the office by fax; or (d) where the office has given written permission in advance, sent to the office by e-mail.

(6A) If a party is granted assistance by way of representation or legal aid, at any time, he shall— (a) where it is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and (b) notify every other party that it has been granted.

(6B) In this Part— (a) regulations 7, 8 and 9 apply to appeals other than an appeal against a determination in penalty proceedings; (b) regulations 10, 11 and 12 apply to all appeals.

(11) (1) In the case of an appeal against a determination in penalty proceedings, the notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the decision of the appeal tribunal being sent to the applicant. (2) For all other appeals, a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted. (3) A Commissioner may for special reasons accept late notice of appeal.

(6A) Subject to the direction of a Commissioner— (a) any person or organisation entitled to be present and be heard at a hearing; and (b) any representative of such a person or organisation, may be present by means of a live television link.

(2) Where— (a) any decision or record of a decision is corrected under regulation 24; or (b) an application for a decision to be set aside under regulation 25 is refused for reasons other than that the application was made outside the period specified in regulation 25(2), the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.

Amendments to the Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern Ireland) 2005

5

(7) Legal Aid

  • “funding notice” means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;

(7) If a party is granted assistance by way of representation or legal aid, at any time, he shall— (a) where it is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and (b) notify every other party that it has been granted.

SCHEDULE — PROVISIONS CONFERRING POWERS EXERCISED IN THE MAKING OF THESE REGULATIONS

Signed

Signed by the authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Department for Constitutional Affairs — Dated 7th March 2007

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 225), the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 226) and the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 18) to provide:

Regulation 2 also amends the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 to:

Regulation 3 also amends the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999 to:

Regulation 4 also amends the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003 to:

Regulation 5 makes minor amendments to the Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 164).

Footnotes

[^f00002]: S.R. 1999 No. 225

[^f00003]: 1992 c.7; to which relevant amendments have been made by sections 49 and 50 of the Tax Credits Act 2002 c.21.

[^f00004]: S.I. 2003/ 435 (N.I.10).

[^f00005]: S.R. 2001 No. 213.

[^f00006]: S.R. 2006 No. 405.

[^f00007]: S.R. 2006 No. 406

[^f00008]: S.R. 1999 No. 226.

[^f00009]: S.R. 1999 No. 162.

[^f00010]: S.R. 2003 No. 18.

[^f00011]: S.R. 2005 No. 164.

[^f00012]: S.I. 1982/1082 (N.I. 14); Article 6 was amended by the Social Security Act 1986 (1986 c.50), the Social Security (Northern Ireland) Order 1986/1888 (N.I. 18), the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (1992 c. 9) and the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10).

[^f00013]: S.I. 1991/2628 (N.I. 23 ); Article 25(6) was amended by the Social Security (Northern Ireland) Order 1998.

[^f00014]: 1992 c.8; section 22(3((c) has ceased to have effect by virtue of the Social Security (Northern Ireland) Order 1998.

[^f00015]: S.I. 1998/1506 (N.I.10); Article 2 is an interpretation provision and is cited because of the meaning assigned to the word “prescribe”.

[^f00016]: 2000 (c.4); paragraph 23(1) is an interpretation provision and is cited because of the meaning assigned to the word “prescribed”.

[^f00017]: S.I. 2002/2926.

[^f00018]: S.I. 2005/191.

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