Regulation 10 Application to a Chairman for leave to appeal

(1)

F1Subject to paragraphs (5) and (7), an application to a chairman for leave to appeal to a Commissioner from a decision of an appeal tribunal shall be made within one month of the date the written statement of the reasons for the decision was sent to the applicant.

(2)

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

(3)

Any party who is sent a copy of an application for leave to appeal in accordance with paragraph (2) may make representations in writing within one month of the date the application is sent.

(4)

A person determining an application for leave to appeal to a Commissioner shall take into account any further representations received in accordance with paragraph (3) and shall record his decision in writing and send a copy to each party.

(5)

Where an applicant has not applied for leave to appeal within one month in accordance with paragraph (1), but makes an application within one year beginning on the day the one month ends, the chairman may for special reasons accept the late application.

F2(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.

F3(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.

Annotations

Textual amendments

F1: Words in reg. 10(1) substituted (28.2.2005) by Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005 (S.I. 2005/207), regs. 1(1), 3(6)
F2: Reg. 10(6) substituted (28.2.2005) by Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005 (S.I. 2005/207), regs. 1(1), 3(7)
F3: Reg. 10(7) inserted (28.2.2005) by Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005 (S.I. 2005/207), regs. 1(1), 3(8)