Regulation 15 Setting asideI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 15(1A) inserted by Social Security (Adjudication) and Child Support 1996 reg. 21
reg. 15 coming into force by Child Support Appeal Tribunals (Procedure) 1992 reg. 1(1)
reg. 15 saving for the effect of S.I. 1999/991, reg. 59, Sch. 4 by Social Security Act 1998 (Commencement No. 7) 1999 art. 48(16)(17)(19)

(1)

Subject to regulation 16 (provisions common to regulations 14 and 15) on an application made by a party to the proceedings a decision may be set aside by the tribunal who gave the decision or by another tribunal in a case where it appears just to do so on the grounds that–

(a)

a document relating to the proceedings in which the decision was given 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 tribunal who gave the decision;

(b)

a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing notice of which had been given under regulation 11(2); or

(c)

there has been some other procedural irregularity or mishap.

(2)

An application under this regulation shall be made in accordance with regulation 3.

(3)

Where an application to set aside a decision is made 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 decided.

(4)

Notice in writing of a decision on an application to set aside a decision shall be 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 decision.

(5)

For the purpose of deciding an application to set aside a decision under these Regulations there shall be disregarded regulation 2 and any provision in any enactment or instrument to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent by post to the person’s last known address.

Annotations

Commencement

I1: Reg. 15 in force at 5.4.1993, see reg. 1(1)