Paragraph 5
This paragraph applies where the time limit for making an appeal to a social security appeal tribunal or a disability appeal tribunal in respect of a decision relating to family credit or disability working allowance made before 5th October 1999 has not expired before that date.
Where sub-paragraph (1) above applies, regulation 3 of the Adjudication Regulations as it relates to the period within which an appeal may be made, or an extension of that period, shall, notwithstanding regulation 59 of the Regulations, continue to have effect, subject to the modifications in sub-paragraph (3) below, with respect to any appeal to an appeal tribunal made on or after 5th October 1999 in relation to that decision.
The modifications referred to in sub-paragraph (2) above are as if—
references to—
a chairman or to a person considering the application were references to a legally qualified panel member; and
a tribunal were references to an appeal tribunal constituted under Chapter I of Part I of the Act; and
in paragraph (3E)f1 for the words from “6 years” to the end of the paragraph there were substituted the words “5th November 2000”.
Notwithstanding regulation 3 of the Regulations, the Secretary of State may revise under section 9 a decision made before 5th October 1999 on a claim for or award of family credit or disability working allowance (other than a decision made on appeal)—
pursuant to an application for a review of a decision made within three months of the notification of that decision; or
where an appeal has been duly made against that decision but not determined.
Where a decision is revised pursuant to sub-paragraph (4) above the appeal shall lapse unless the decision as revised is not more advantageous to the appellant than the decision before it was revised.
Annotations
Footnotes
- f1
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Paragraph (3E) was inserted by S.I. 1996/182.