Regulation 18 Late applications for a revisionF1
The period of one month specified in regulation 17(1)(a) may be extended where the requirements specified in the following provisions of this regulation are met.
An application for an extension of time shall be made by a relevant person or a person acting on his behalf.
An application for an extension of time under this regulation shall–
be made within 13 months of the date on which notification of the decision which it is sought to have revised was given or sent; and
contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.
The application for an extension of time shall not be granted unless the person making the application or any person acting for him satisfies the Secretary of State that–
it is reasonable to grant that application;
the application for a decision to be revised has merit F2except in a case to which regulation 17A applies; and
special circumstances are relevant to the application for an extension of time,
and as a result of those special circumstances, it was not practicable for the application for a decision to be revised to be made within one month of the date of notification of the decision which it is sought to have revised.
In determining whether it is reasonable to grant an application for an extension of time, the Secretary of State shall have regard to the principle that the greater the time that has elapsed between the expiration of the period of one month described in regulation 17(1)(a) from the date of notification of the decision which it is sought to have revised 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.
In determining whether it is reasonable to grant the application for an extension of time, F3except in a case to which regulation 17A applies, no account shall be taken of the following–
that the person making the application for an extension of time 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
that F4the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.
An application under this regulation for an extension of time which has been refused may not be renewed.
Annotations
Textual amendments
- F1
Pt. V substituted for Pt. V to Pt. VII (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 16
- F2
Words in reg. 18(4)(b) inserted (28.10.2013) by The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 3(5)(a)
- F3
Words in reg. 18(6) inserted (28.10.2013) by The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 3(5)(b)
- F4
Words in reg. 18(6)(b) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 59
Notes on the whole SI
Textual amendments
- F1
Instrument revoked (10.12.2012 reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(a)