The Social Security and Child Support (Decisions and Appeals) Regulations 1999

• (dd) in the case of an appeal against a decision relating to working families' tax credit or disabled person’s tax credit, a Tax Credits Office of the Board, and.

• (ddd) in a case where the decision appealed against was a decision arising from a claim to a designated office, an office of a designated authority;

• (e) in any other case, an office of the Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal.

• (3) Except where paragraph (4) applies, where a form does not contain the information required under Tribunal Procedure Rules the form may be returned by the Secretary of State ... or the Board to the sender for completion in accordance with the Tribunal Procedure Rules.

• (4) Where the Secretary of State is satisfied or the Board are satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal ... to proceed, heor they may treat the form as satisfying the requirements of Tribunal Procedure Rules .

• (5) Where a notice of appeal is made in writing otherwise than on the approved form (“the letter”), and the letter includes sufficient information to enable the appeal ... to proceed, the Secretary of State or the Board may treat the letter as satisfying the requirements of Tribunal Procedure Rules .

• (6) Where the letter does not include sufficient information to enable the appeal ... to proceed, the Secretary of State or the Board may request further information in writing (“further particulars”) from the person who wrote the letter.

• (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.

• (8) Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in paragraph (7)—

• (a) the Secretary of State or the Board shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to the First-tier Tribunal, and

• (b) the First-tier Tribunal shall determine whether the form or the letter satisfies the requirement of Tribunal Procedure Rules.

• (9) Where—

• (a) a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (7), and

• (b) no decision has been made under paragraph (8) at the time the form or the further particulars are received by the Secretary of State or the Board,

that form or further particulars shall also be forwarded to the First-tier Tribunal which shall take into account any further information or evidence set out in the form or further particulars.

• (10) The Secretary of State or the Board may discontinue action on an appeal where the notice of appeal has not been forwarded to the First-tier Tribunal and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.

Death of a party to an appeal

34

• (1) In any proceedings, on the death of a party to those proceedings (other than the Secretary of State or the Board), the Secretary of State or the Board may appoint such person as he thinks or they think fit to proceed with the appeal in the place of such deceased party.

• (2) A grant of probate, confirmation or letters of administration to the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under paragraph (1).

• (3) Where a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased party, the effective date of appointment by the Secretary of State or the Board shall be the day immediately prior to the first day on which such action was taken.

PART V — APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT

CHAPTER I — THE PANEL AND APPEAL TRIBUNALS

Persons appointed to the panel

35

For the purposes of section 6(3), the panel shall include persons with the qualifications specified in Schedule 3.

Composition of appeal tribunals

36

• (1) Subject to the following provisions of this regulation, an appeal tribunal ... shall consist of a legally qualified panel member.

• (2) Subject to paragraphs (3) to (5) and (8), an appeal tribunal shall consist of a legally qualified panel member and—

• (a) a medically qualified panel member where—

• (i) the issue, or one of the issues, raised on the appeal is whether the personal capability assessment is satisfied; or

• (ii) the appeal is made under section 11(1)(b) of the 1997 Act; or

• (iii) the appeal is made under section 157(1) of the Health and Social Care (Community Health and Standards) Act 2003; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the composition of an appeal tribunal is prescribed under paragraph (1), (2)(a) or (3), the President may determine that the appeal tribunal shall include such an additional member drawn from the panel constituted under section 6 as he considers appropriate for the purposes of providing further experience for that additional member or for assisting the President in the monitoring of standards of decision making by panel members.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assignment of clerks to appeal tribunals: function of clerks

37

The Secretary of State shall assign a clerk to service each appeal tribunal and the clerk so assigned shall be responsible for summoning members of the panel constituted under section 6 to serve on the tribunal.

CHAPTER II — PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS

Consideration and determination of appeals and referrals

38

• (1) The procedure in connection with the consideration and determination of an appeal or a referral shall, subject to the following provisions of these Regulations, be such as a legally qualified panel member shall determine.

• (2) A legally qualified panel member may give directions requiring a party to the proceedings to comply with any provision of these Regulations and may at any stage of the proceedings, either of his own motion or on a written application made to the clerk to the appeal tribunal by any party to the proceedings, give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to the proceedings to provide such particulars or to produce such documents as may be reasonably required.

• (3) Where a clerk to the appeal tribunal is authorised to take steps in relation to the procedure of the tribunal he may give directions requiring any party to the proceedings to comply with any provision of these Regulations.

Directions concerning oral hearings

39

• (1) Where an appeal or a referral is made to an appeal tribunal the appellant and any other party to the proceedings shall notify the clerk to the appeal tribunal, on a form approved by the Secretary of State, whether he wishes to have an oral hearing of the appeal or whether he is content for the appeal or referral to proceed without an oral hearing.

• (2) Except in the case of a referral, the form shall include a statement informing the appellant that, if he does not notify the clerk to the appeal tribunal as required by paragraph (1) within the period specified in paragraph (3), the appeal may be struck out in accordance with regulation 46(1).

• (3) Notification in accordance with paragraph (1)—

• (a) if given by the appellant or a party to the proceedings other than the Secretary of State, must be sent or given to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to him; or

• (b) if given by the Secretary of State, must be sent or given to the clerk—

• (i) in the case of an appeal, within 14 days of the date on which the form is issued to the appellant; or

• (ii) in the case of a referral, on the date of referral,

or within such longer period as the clerk may direct.

• (4) Where an oral hearing is requested in accordance with paragraphs (1) and (3) the appeal tribunal shall hold an oral hearing unless the appeal is struck out under regulation 46(1).

• (5) The chairman, or in the case of an appeal tribunal which has only one member, that member, may of his own motion direct that an oral hearing of the appeal or referral be held if he is satisfied that such a hearing is necessary to enable the appeal tribunal to reach a decision.

Withdrawal of appeal or referral

40

• (1) An appeal may be withdrawn by the appellant or an authorised representative of the appellant and a referral may be withdrawn by the Secretary of Statethe Board or an officer of the Board,, as the case may be, either—

• (a) at an oral hearing; or

• (b) at any other time before the appeal or referral is determined, by giving notice in writing of withdrawal to the clerk to the appeal tribunal.

• (2) If an appeal or a referral is withdrawn (as the case may be) in accordance with paragraph (1)(a), the clerk to the appeal tribunal shall send a notice in writing to any party to the proceedings who is not present when the appeal or referral is withdrawn, informing him that the appeal or referral (as the case may be) has been withdrawn.

• (3) If an appeal or a referral is withdrawn (as the case may be) in accordance with paragraph (1)(b), the clerk to the appeal tribunal shall send a notice in writing to every party to the proceedings informing them that the appeal or referral (as the case may be) has been withdrawn.

Medical examination required by appeal tribunal

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-disclosure of medical advice or evidence

42

• (1) Where, in connection with the consideration and determination of an appeal or referral there is before an appeal tribunal medical advice or medical evidence relating to a person which has not been disclosed to him and in the opinion of the chairman, or in the case of an appeal tribunal which has only one member, in the opinion of that member, the disclosure to that person of that advice or evidence would be harmful to his health, such advice or evidence shall not be required to be disclosed to that person.

• (2) Advice or evidence such as is mentioned in paragraph (1) shall not be disclosed to any person acting for or representing the person to whom it relates or, in a case where a claim for benefit is made by reference to the disability of a person other than the claimant and the advice or evidence relates to that other person, shall not be disclosed to the claimant or any person acting for or representing him, unless the chairman, or in the case of an appeal tribunal which has only one member, that member, is satisfied that it is in the interests of the person to whom the advice or evidence relates to do so.

• (3) A tribunal shall not be precluded from taking into account for the purposes of the determination advice or evidence which has not been disclosed to a person under the provisions of paragraph (1) or (2).

Summoning of witnesses and administration of oaths

43

• (1) A chairman, or in the case of an appeal tribunal which has only one member, that member, may by summons, or in Scotland, by citation, require any person in Great Britain to attend as a witness at a hearing of an appeal, application or referral at such time and place as shall be specified in the summons or citation and, subject to paragraph (2), at the hearing to answer any question or produce any documents in his custody or under his control which relate to any matter in question in the appeal, application or referral but—

• (a) no person shall be required to attend in obedience to such summons or citation unless he has been given at least 14 days’ notice of the hearing or, if less than 14 days’ notice is given, he has informed the tribunal that the notice given is sufficient; and

• (b) no person shall be required to attend and give evidence or to produce any document in obedience to such summons or citation unless the necessary expenses of attendance are paid or tendered to him.

• (2) No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.

• (3) In exercising the powers conferred by this regulation, the chairman, or in the case of an appeal tribunal which has only one member, that member, shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, consists of information communicated or obtained in confidence or concerns national security.

• (4) Every summons or citation issued under this regulation shall contain a statement to the effect that the person in question may apply in writing to a chairman to vary or set aside the summons or citation.

• (5) A chairman, or in the case of an appeal tribunal which has only one member, that member, may require any witness, including a witness summoned under the powers conferred by this regulation, to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Confidentiality in child support appeals or referrals

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of more than one appeal under section 20 of the Child Support Act

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER III — STRIKING OUT APPEALS

Appeals which may be struck out

46

• (1) Subject to paragraphs (2) and (3), an appeal may be struck out by the clerk to the appeal tribunal—

• (a) where it is an out of jurisdiction appeal and the appellant has been notified by the Secretary of State that an appeal brought against such a decision may be struck out;

• (b) for want of prosecution including an appeal not made within the time specified in these Regulations; ...

• (c) ... for failure of the appellant to comply with a direction given under these Regulations where the appellant has been notified that failure to comply with the direction could result in the appeal being struck out ; or

• (d) for failure of the appellant to notify the clerk to the appeal tribunal, in accordance with regulation 39, whether or not he wishes to have an oral hearing of his appeal.

• (2) Where the clerk to the appeal tribunal determines to strike out the appeal, he shall notify the appellant that his appeal has been struck out and of the procedure for reinstatement of the appeal as specified in regulation 47.

• (3) The clerk to the appeal tribunal may refer any matter for determination under this regulation to a legally qualified panel member for decision by the panel member rather than the clerk to the appeal tribunal.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reinstatement of struck out appeals

47

• (1) The clerk to the appeal tribunal may reinstate an appeal which has been struck out in accordance with regulation 46(1)(d) where—

• (a) the appellant has made representations to him or, as the case may be, further representations in support of his appeal with reasons why he considers that his appeal should not have been struck out;

• (b) the representations are made in writing within one month of the order to strike out the appeal being issued; and

• (c) the clerk is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal

but if the clerk is not satisfied that there are reasonable grounds for reinstatement a legally qualified panel member shall consider whether the appeal should be reinstated in accordance with paragraph (2).

• (2) A legally qualified panel member may reinstate an appeal which has been struck out in accordance with regulation 46 ... where—

• (a) the appellant has made representations, or as the case may be, further representations in support of his appeal with reasons why he considers that his appeal should not have been struck out, to the clerk to the appeal tribunal, in writing within one month of the order to strike out the appeal being issued, and the panel member is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the panel member is satisfied that the appeal is not an appeal which may be struck out under regulation 46; or

• (d) the panel member is satisfied that notwithstanding that the appeal is one which may be struck out under regulation 46, it is not in the interests of justice for the appeal to be struck out.

Misconceived appeals

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IV — ORAL HEARINGS

Procedure at oral hearings

49

• (1) Subject to the following provisions of this Part, the procedure for an oral hearing shall be such as the chairman, or in the case of an appeal tribunal which has only one member, such as that member, shall determine.

• (2) Except where paragraph (3) applies, not less than 14 days notice (beginning with the day on which the notice is given and ending on the day before the hearing of the appeal is to take place) of the time and place of any oral hearing of an appeal shall be given to every party to the proceedings, and if such notice has not been given to a person to whom it should have been given under the provisions of this paragraph the hearing may proceed only with the consent of that person.

• (3) Any party to the proceedings may waive his right to receive not less than 14 days notice of the time and place of any oral hearing by giving notice to the clerk to the appeal tribunal.

• (4) If a party to the proceedings to whom notice has been given under paragraph (2) fails to appear at the hearing the chairman, or in the case of an appeal tribunal which has only one member, that member, may, having regard to all the circumstances including any explanation offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the determination of the appeal as he may think proper.

• (5) If a party to the proceedings has waived his right to be given notice under paragraph (2) the chairman, or in the case of an appeal tribunal which has only one member, that member, may proceed with the hearing notwithstanding his absence.

• (6) An oral hearing shall be in public except where the chairman, or in the case of an appeal tribunal which has only one member, that member, is satisfied that it is necessary to hold the hearing, or part of the hearing, in private—

• (a) in the interests of national security, morals, public order or children;

• (b) for the protection of the private or family life of one or more parties to the proceedings; or

• (c) in special circumstances, because publicity would prejudice the interests of justice.

• (7) At an oral hearing—

• (a) any party to the proceedings shall be entitled to be present and be heard; and

• (b) the following persons may be present by means of a live television link—

• (i) a party to the proceedings or his representative or both; or

• (ii) where an appeal tribunal consists of more than one member, a tribunal member other than the chairman,

provided that the person who constitutes or is the chairman of the tribunal gives permission ... .

• (8) A person who has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled.

• (9) The following persons shall also be entitled to be present at an oral hearing (whether or not it is otherwise in private) but shall take no part in the proceedings—

• (a) the President;

• (b) any person undergoing training as a chairman or ... member of an appeal tribunal or as a clerk to an appeal tribunal;

• (c) any person acting on behalf of the President in the training or supervision of panel members or in the monitoring of standards of decision-making by panel members;

• (d) with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member, ... any other person; and

• (e) a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals.

• (10) Nothing in paragraph (9) affects the rights of—

• (a) any person mentioned in sub-paragraphs (a) and (b) of that paragraph where he is sitting as a member of a tribunal or acting as its clerk; or

• (b) the clerk to the tribunal,

and nothing in this regulation prevents the presence at an oral hearing of any witness or of any person whom the chairman, or in the case of an appeal tribunal which has only one member, that member, permits to be present in order to assist the appeal tribunal or the clerk.

• (11) Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.

• (12) For the purpose of arriving at its decision an appeal tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the appeal tribunal, to withdraw from the hearing except that—

• (a) a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals, the President or any person mentioned in paragraph (9)(c); and

• (b) with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member, any person mentioned in paragraph (9)(b) or (d),

may remain present at any such sitting.

• (13) In this regulation “live television link” means a live television link or other 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 those physically present.

Manner of providing expert assistance

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postponement and adjournment

51

• (1) Where a person to whom notice of an oral hearing is given wishes to request a postponement of that hearing he shall do so in writing to the clerk to the appeal tribunal stating his reasons for the request, and the clerk to the appeal tribunal may grant or refuse the request as he thinks fit or may pass the request to a legally qualified panel member who may grant or refuse the request as he thinks fit.

• (2) Where the clerk to the appeal tribunal or the panel member, as the case may be, refuses a request to postpone the hearing he shall—

• (a) notify in writing the person making the request of the refusal; and

• (b) place before the appeal tribunal at the hearing both the request for the postponement and notification of its refusal.

• (3) A panel member or the clerk to the appeal tribunal may of his own motion at any time before the beginning of the hearing postpone the hearing.

• (4) An oral hearing may be adjourned by the appeal tribunal at any time on the application of any party to the proceedings or of its own motion.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Physical examinations at oral hearings

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER V — DECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS

APPEAL TRIBUNAL DECISIONS

Decisions of appeal tribunals

53

• (1) Every decision of an appeal tribunal shall be recorded in summary by the chairman, or in the case of an appeal tribunal which has only one member, by that member.

• (2) The decision notice specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman, or in the case of an appeal tribunal which has only one member, by that member.

• (3) As soon as may be practicable after an appeal or referral has been decided by an appeal tribunal, a copy of the decision notice ... shall be sent or given to every party to the proceedings who shall also be informed of—

• (a) his right under paragraph (4); and

• (b) except in the case of an appeal under the Vaccine Damage Payments Act, the conditions governing appeals to a Commissioner.

• (4) Subject to paragraph (4A), a party to the proceedings may apply in writing to the clerk to the appeal tribunal for a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 54 and following that application the chairman, or in the case of a tribunal with only one member, that member shall record a statement of the reasons and a copy of that statement shall be given to every party to the proceedings as soon as may be practicable.

• (4A) Where—

• (a) the decision notice is corrected in accordance with regulation 56; or

• (b) an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,

the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.

• (5) If the decision is not unanimous, the decision notice specified in paragraph (1) shall record that one of the members dissented and the statement of reasons referred to in paragraph (4) shall include the reasons given by the dissenting member for dissenting.

Late applications for a statement of reasons of tribunal decision

54

• (1) The time for making an application for ... the statement of the reasons for a tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but , subject to regulation 53(4A) , 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 53(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 adversely 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 the application 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 decision 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 decision being sent to him, apply in writing for a copy of the reasons for that decision and a copy shall be supplied to him.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Record of tribunal proceedings

55

• (1) A record of the proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman, or in the case of an appeal tribunal which has only one member, by that member, in such medium as he may direct.

• (2) The clerk to the appeal tribunal shall preserve—

• (a) the record of proceedings;

• (b) the decision notice; and

• (c) any statement of the reasons for the tribunal’s decision,

for the period specified in paragraph (3).

• (3) That period is six months from the date of—

• (a) the decision made by the appeal tribunal;

• (b) any statement of reasons for the tribunal’s decision;

• (c) any correction of the decision in accordance with regulation 56;

• (d) any refusal to set aside the decision in accordance with regulation 57; or

• (e) any determination of an application under regulation 58 for leave to appeal against the decision,

or until the date on which those documents are sent to the office of the Social Security and Child Support Commissioners in connection with an appeal against the decision or an application to a Commissioner for leave to appeal, if that occurs within the six months.

• (4) Any party to the proceedings may within the time specified in paragraph (3) apply in writing for a copy of the record of proceedings and a copy shall be supplied to him.

Correction of accidental errors

56

• (1) The clerk to the appeal tribunal or a legally qualified panel member that member, may at any time correct accidental errors in the notice of any decision of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act.

• (2) A correction made to a decision notice shall be deemed to be part of the decision notice and written notice of the correction shall be given as soon as practicable to every party to the proceedings.

• (3) In this regulation and regulation 57, “relevant enactment” has the same meaning as in section 28(3).

Setting aside decisions on certain grounds

57

• (1) On an application made by a party to the proceedings, a decision of an appeal tribunal made under a relevant enactment, the Child Support Act or the Vaccine Damage Payments Act, may be set aside by a legally qualified panel member in a case where it appears just to set the decision aside on the ground that—

• (a) a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the person who made the decision;

• (b) a party to the proceedings in which the decision was made or the party’s representative was not present at a hearing relating to the proceedings.

• (2) In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the panel member shall determine whether the party making the application gave notice that he wished to have an oral hearing, and if that party did not give such notice the decision shall not be set aside unless ... that member is satisfied that the interests of justice manifestly so require.

• (3) An application under this regulation shall—

• (a) be made within one month of the date on which—

• (i) a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 53(3); or

• (ii) the statement of the reasons for the decision is given or sent in accordance with regulation 53(4),

whichever is later;

• (b) be in writing and signed by a party to the proceedings or, where the party has provided written authority to a representative to act on his behalf, that representative;

• (c) contain particulars of the grounds on which it is made; and

• (d) be sent to the clerk to the appeal tribunal.

• (4) Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.

• (4A) Where a legally qualified panel member refuses to set aside a decision he may treat the application to set aside the decision as an application under regulation 53(4) for a statement of the reasons for the tribunal’s decision, subject to the time limits set out in regulation 53(4) and (4A).

• (5) Notice in writing of a determination on an application to set aside a decision shall be sent or given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.

• (6) The time within which an application under this regulation must be made may be extended by a period not exceeding one year where the conditions specified in paragraphs (7) to (11) are satisfied.

• (7) An application for an extension of time shall be made in accordance with paragraph (3)(b) to (d), shall include details of any relevant special circumstances for the purposes of paragraph (9) and 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—

• (a) if the application is granted there are reasonable prospects that the application to set aside will be successful; and

• (b) it is in the interests of justice for the application for an extension of time to be granted.

• (9) For the purposes of paragraph (8) it is not in the interests of justice to grant an application for an extension of time unless the panel member is satisfied that—

• (a) the special circumstances specified in paragraph (10) are relevant to that application; or

• (b) some other special circumstances exist which are wholly exceptional and relevant to that application,

and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).

• (10) For the purposes of paragraph (9)(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.

• (11) In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside 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 for an extension is based.

• (12) An application under this regulation for an extension of time which has been refused may not be renewed.

APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)

Application for leave to appeal to a Commissioner from an appeal tribunal

58

• (1) Subject to paragraph (1A), an application for leave to appeal to a Commissioner from a decision of an appeal tribunal under section 13 of the 1997 Act or under section 12 or 13 shall—

• (a) be sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent a written statement of the reasons for the decision against which leave to appeal is sought; and

• (b) be in writing and signed by the applicant or, where he has given written authority to a representative to make the application on his behalf, by that representative;

• (c) contain particulars of the grounds on which the applicant intends to rely;

• (d) contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and

• (e) if the application is made late, contain the grounds for seeking late acceptance.

• (1A) Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings—

• (a) the decision notice is corrected in accordance with regulation 56; or

• (b) an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,

the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.

• (2) Where an application for leave to appeal to a Commissioner is made by the Secretary of State or the Board, the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.

• (5) Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a) or (1A) but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

• (6) Where an application for leave to appeal against a decision of an appeal tribunal is made—

• (a) if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or

• (b) if it is impracticable, or it would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.

PART VI — REVOCATIONS

Revocations

59

• (1) The Regulations listed in column (2) of Schedule 4 are hereby revoked to the extent specified in column (3) of that Schedule.

• (2) Notwithstanding their revocation for particular purposes, the Regulations listed in column (2) of Schedule 4 shall continue to have full effect up to and including 28th November 1999 in relation to any benefit to which these Regulations do not apply for the time being by virtue of regulation 1(2).

• (3) So much of any document as refers expressly or by implication to any regulation revoked by paragraph (1) shall, in so far as the context permits, for the purposes of these Regulations be treated as referring to the corresponding provision of these Regulations.

SCHEDULE 1 — Provisions conferring powers exercised in making these Regulations

Column (1)	Column (1)	Column (2)
Provision	Provision	Relevant Amendments
Vaccine Damage Payments Act 1979	Section 4(2) and (3)	The Act, Section 46.
	Section 7A(1)	The Act, Section 47.
Child Support Act 1991	Section 16(6)	The Act, Section 40.
	Section 20(5) and (6)	The Act, Section 42.
	Section 28ZA(2)(b) and (4)(c)	The Act, Section 43.
	Section 28ZB(6)(c)	The Act, Section 43.
	Section 28ZC(7)	The Act, Section 44.
	Section 28ZD(1) and (2)	The Act, Section 44.
	Section 46B	The Act, Schedule 7, paragraph 44.
	Section 51(2)	The Act, Schedule 7, paragraph 46.
	Schedule 4A, paragraph 8	The Act, Schedule 7, paragraph 53.
Social Security Administration Act 1992	Section 5(1)(hh)	The Act, Section 74.
	Section 159	The Act, Schedule 7, paragraph 95.
	Section 159A	The Act, Schedule 7, paragraph 96.
Pension Schemes Act 1993	Section 170(3)	The Act, Schedule 7, paragraph 131.
Social Security (Recovery of Benefits) Act 1997	Section 10	The Act, Schedule 7, paragraph 149.
	Section 11(5)	Section 11(5)
Social Security Act 1998	Section 6(3)	Section 6(3)
	Section 7(6)	Section 7(6)
	Section 9(1), (4) and (6)	Section 9(1), (4) and (6)
	Section 10(3) and (6)	Section 10(3) and (6)
	Section 11(1)	Section 11(1)
	Section 12(2) and (3), (6) and (7)	Section 12(2) and (3), (6) and (7)
	Section 14(10)(a) and (11)	Section 14(10)(a) and (11)
	Section 16(1) and Schedule 5	Section 16(1) and Schedule 5
	Section 17	Section 17
	Section 18(1)	Section 18(1)
	Section 20	Section 20
	Section 21(1) to (3)	Section 21(1) to (3)
	Section 22	Section 22
	Section 23	Section 23
	Section 24	Section 24
	Section 25(3)(b) and (5)(c)	Section 25(3)(b) and (5)(c)
	Section 26(6)(c)	Section 26(6)(c)
	Section 28(1)	Section 28(1)
	Section 31(2)	Section 31(2)
	Section 79(1) and (3) to (7)	Section 79(1) and (3) to (7)
	Section 84	Section 84
	Schedule 1, paragraphs 7, 11 and 12	Schedule 1, paragraphs 7, 11 and 12
	Schedule 2, paragraph 9	Schedule 2, paragraph 9
	Schedule 3, paragraphs 1, 4 and 9	Schedule 3, paragraphs 1, 4 and 9

SCHEDULE 2 — Decisions against which no appeal lies

Child Benefit

1

A decision of the Secretary of State as to whether an educational establishment be recognised for the purposes of Part IX of the Contributions and Benefits Act.

2

A decision of the Secretary of State to recognise education provided otherwise than at a recognised educational establishment.

3

A decision of the Secretary of State made in accordance with the discretion conferred upon him by the following provisions of the Child Benefit (Residence and Persons Abroad) Regulations 1976 —

• (a) regulation 2(2)(c)(iii) (decision relating to a child’s temporary absence abroad);

• (b) regulation 7(3) (certain days of absence abroad disregarded).

4

A decision of the Secretary of State made in accordance with the discretion conferred upon him by regulation 2(1) or (3) of the Child Benefit (General) Regulations 1976 (provisions relating to contributions and expenses in respect of a child).

Claims and Payments

5

A decision, being a decision of the Secretary of State unless specified below as a decision of the Board, under the following provisions of the Claims and Payments Regulations—

• (a) regulation 4(3) or (3B) (which partner should make a claim for income support or jobseeker’s allowance);

• (aa) regulation 4I (which partner should make a claim for an employment and support allowance);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) regulation 4D(7) (which partner should make a claim for state pension credit);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) regulation 7 (decision by the Secretary of State or the Board as to evidence and information required);

• (g) regulation 9 and Schedule 1 (decision by the Secretary of State or the Board as to interchange of claims with claims for other benefits);

• (h) regulation 11 (treating claim for maternity allowance as claim for incapacity benefit or employment and support allowance);

• (i) regulation 15(7) (approving form of particulars required for determination of retirement pension questions in advance of claim);

• (j) regulations 20 to 24 (decision by the Secretary of State or the Board as to the time or manner of payments);

• (k) regulation 25(1) (intervals of payment of attendance allowance and disability living allowance where claimant is expected to return to hospital);

• (l) regulation 26 (manner and time of payment of income support);

• (m) regulation 26A (time and intervals of payment of jobseeker’s allowance);

• (mm) regulation 26B (payment of state pension credit);

• (mn) regulation 26C (manner and time of payment of employment and support allowance);

• (n) regulation 27(1) and (1A) (decision by the Board as to manner and time of payment of tax credits);

• (o) regulation 30 (decision by the Secretary of State or the Board as to claims or payments after death of claimant);

• (p) regulation 30A (payment of arrears of joint-claim jobseeker’s allowance where nominated person can no longer be traced);

• (q) regulation 31 (time and manner of payments of industrial injuries gratuities);

• (r) regulation 32 (decision by the Secretary of State or the Board as to information to be given when obtaining payment of benefit);

• (s) regulation 33 (appointments by the Secretary of State or the Board where person unable to act);

• (t) regulation 34 (decision by the Secretary of State or the Board as to paying another person on the beneficiary’s behalf);

• (u) regulation 17(1) (direct payments to qualifying lenders by Secretary of State where specified circumstances met) of the Loans for Mortgage Interest Regulations;

• (v) regulation 35(2) (payment to third person of maternity expenses or expenses for heating in cold weather);

• (w) regulation 36 (decision by the Secretary of State or the Board to pay partner as alternative payee);

• (x) regulation 38 (decision by the Secretary of State or the Board as to the extinguishment of right to payment of sums by way of benefit where payment not obtained within the prescribed period, except a decision under paragraph (2A) (payment request after expiration of prescribed period));

• (y) regulations 42 to 46 (mobility component of disability living allowance and disability living allowance for children);

• (z) regulation 47(2) and (3) (return of instruments of payment etc. to the Secretary of State or the Board).

Contracted Out Pension Schemes

6

A decision of the Secretary of State under section 109 of the Pension Schemes Act 1993 or any Order made under it (annual increase of guaranteed minimum pensions).

Decisions depending on other cases

7

A decision of the Secretary of State under section 25 or 26 (decisions and appeals depending on other cases).

Deductions

8

A decision which falls to be made by the Secretary of State under the Fines (Deductions from Income Support) Regulations 1992 , other than a decision whether benefit is sufficient for a deduction to be made .

9

• (1) Except in relation to a decision to which sub-paragraph (2) applies, any decision of the Secretary of State under the Community Charges (Deductions from Income Support) (No.2) Regulations 1990 , the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 or the Council Tax (Deductions from Income Support) Regulations 1993 .

• (2) This sub-paragraph applies to a decision—

• (a) whether there is an outstanding sum due of the amount sought to be deducted;

• (b) whether benefit is sufficient for a deduction to be made; and

• (c) on the priority to be given to any deduction.

European Community Regulations

10

An authorization given by the Secretary of State in accordance with article 22(1) or 55(1) of Council Regulation ( EEC ) No. 1408/71 , as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

Expenses

11

A decision of the Secretary of State whether to pay expenses to any person under section 180 of the Administration Act.

Guardian’s Allowance

12

A decision of the Secretary of State relating to the giving of a notice under regulation 5(8) of the Social Security (Guardian’s Allowance) Regulations 1975 (children whose surviving parents are in prison or legal custody).

Income Support

13

A decision of the Secretary of State ... made in accordance with paragraph (1) or (2) of regulation 13 (income support and social fund determinations on incomplete evidence).

Industrial Injuries Benefit

14

A decision of the Secretary of State relating to the question whether—

• (a) disablement pension be increased under section 104 of the Contributions and Benefits Act (constant attendance); or

• (b) disablement pension be further increased under section 105 of the Contributions and Benefits Act (exceptionally severe disablement);

and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.

15

A decision of the Secretary of State under regulation 2(2) of the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986 as to the length of any period of interruption of education which is to be disregarded.

16

A decision of the Secretary of State to approve or not to approve a person undertaking work for the purposes of regulation 17 of the Social Security (General Benefit) Regulations 1982 .

17

A decision of the Secretary of State as to how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

Invalid Vehicle Scheme

18

A decision of the Secretary of State relating to the issue of certificates under regulation 13 of, and Schedule 2 to, the Social Security (Disability Living Allowance) Regulations 1991 .

Jobseeker’s Allowance

19

• (1) A decision of the Secretary of State under Chapter IV of Part II of the Jobseeker’s Allowance Regulations as to the day and the time a claimant is to attend at a job centre.

• (2) A decision of the Secretary of State as to the day of the week on which a claimant is required to provide a signed declaration under regulation 24(10) of the Jobseeker’s Allowance Regulations.

• (3) A decision of the Secretary of State ... made in accordance with regulation 15 (Jobseeker’s allowance determinations on incomplete evidence).

Payments on Account, Overpayments and Recovery

20

A decision of the Secretary of State under the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 , except a decision of the Secretary of State under the following provisions of those Regulations—

• (a) regulation 3(1)(a) to offset any interim payment made in anticipation of an award of benefit;

• (b) regulation 4(1) as to the overpayment of an interim payment;

• (c) regulation 5 as to the offsetting of a prior payment against a subsequent award;

• (d) regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

• (e) regulation 13 as to the sums to be deducted in calculating recoverable amounts;

• (f) regulation 14(1) as to the treatment of capital to be reduced;

• (g) regulation 19 determining a claimant’s protected earnings; and

• (h) regulation 24 whether a determination as to a claimant’s protected earnings is revised or superseded.

Persons Abroad

21

A decision of the Secretary of State made under—

• (a) regulation 2(1)(a) of the Social Security Benefit (Persons Abroad) Regulations 1975 whether to certify that it is consistent with the proper administration of the Contributions and Benefits Act that a disqualification under section 113(1)(a) of that Act should not apply;

• (b) regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Great Britain longer than that specified in the regulation.

Reciprocal Agreements

22

A decision of the Secretary of State made in accordance with an Order made under section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom).

Social Fund Awards

23

A decision of the Secretary of State under section 78 of the Administration Act relating to the recovery of social fund awards.

Suspension

24

A decision of the Secretary of State relating to the suspension of a relevant benefit or to the payment of such a benefit which has been suspended under Part III.

Up-rating

25

A decision of the Secretary of State relating to the up-rating of benefits under Part X of the Administration Act.

SCHEDULE 3 — Qualifications of Persons Appointed to the Panel

Legal Qualifications

1

Persons who—

• (a) have a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990 ); or

• (b) are advocates or solicitors in Scotland.

Medical Qualifications

2

... Registered medical practitioners, where—

• (a) the practitioner is a citizen of an EEA state and his name appears on a medical specialist register maintained in an EEA state in accordance with the Medical Directive, or he is a Swiss citizen with equivalent qualifications; or

• (b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or

• (c) the practitioner does not satisfy the requirements of sub-paragraph (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical disability analyst in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.

3

In paragraph 2 above and in this paragraph—

• “ EEA Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;

• “ EEA State” means a state which is a contracting party to the EEA Agreement;

• “Medical Directive” means Council Directive 93/16/ EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications , as amended by Council Directive97/50/ EC of 6th October 1997 , or any directive which replaces Directive 93/16/ EEC;

• “Vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.

Financial Qualifications

4

Accountants who are members of—

• (a) the Institute of Chartered Accountants in England and Wales;

• (b) the Institute of Chartered Accountants in Scotland;

• (c) the Institute of Chartered Accountants in Ireland;

• (cc) the Institute of Certified Public Accountants in Ireland;

• (d) the Association of Chartered Certified Accountants;

• (e) the Chartered Institute of Management Accountants; or

• (f) the Chartered Institute of Public Finance and Accountancy.

Disability Qualifications

5

Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons—

• (a) in a professional or voluntary capacity; or

• (b) because they are themselves disabled.

SCHEDULE 4 — REVOCATIONS

Column 1	Column 2	Column 3
Statutory Instrument Number	Statutory Instrument	Provision Revoked
1979/432	The Vaccine Damage Payments Regulations 1979	Part III
1992/2641	The Child Support Appeal Tribunals (Procedure) Regulations 1992	The whole Regulations
1995/311	The Social Security (Incapacity for Work) (General) Regulations 1995	Regulations 19 and 20 to 22
1995/1801	The Social Security (Adjudication) Regulations 1995	The whole Regulations
1996/182	The Social Security (Adjudication) and Child Support Amendment Regulations 1996	Regulation 2
1996/425	The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations 1996	Regulation 2
1996/1518	The Social Security (Adjudication) Amendment Regulations 1996	The whole Regulations
1996/2306	The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996	Regulations 8 and 9
1996/2450	The Social Security (Adjudication) and Child Support Amendment (No.2) Regulations 1996	Regulations 2 to 13
1996/2659	The Social Security (Adjudication) Amendment (No.2) Regulations 1996	The whole Regulations
1997/65	The Income-Related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 1997	Regulation 16
1997/793	The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997	Regulations 1(2)(a) and 8 to 17
1997/810	The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1997	Regulations 2, 3 and 4
1997/955	The Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997	In regulation 1(2), the definition of “the Adjudication Regulations” and regulations 2 to 6
1997/1839	The Social Security (Attendance Allowance and Disability Living Allowance) (Miscel laneous Amendments) Regulations 1997	In regulation 1(2) the definition of “the Adjudication Regulations” and regulation 4
1997/2237	The Social Security (Recovery of Benefits) (Appeals) Regulations 1997	The whole Regulations
1997/2305	The Social Security (Miscellaneous Amendments) (No.4) Regulations 1997	Regulation 4

Signed

Signed by authority of the Secretary of State for Social Security.

Angela Eagle — Parliamentary Under-Secretary of State, — Department of Social Security — 1999-03-26

I concur

Irvine of Lairg — Lord Chancellor — 1999-03-26

Explanatory note

(This note is not part of the Regulations)

Footnotes