Paragraph 3

(1)

Any application duly made before 5th July 1999 for a review of a decision of an adjudicating authority in relation to a relevant benefit which was not decided before that date shall on or after that date be treated as an application to the Secretary of State—

(a)

where the application was made within one month of the date on which the applicant was notified of the decision, or within such longer period as may be allowed under sub-paragraph (2) below, for a revision of that decision under section 9; or

(b)

in any other case, for a decision under section 10 to supersede that decision.

(2)

Subject to sub-paragraphs (3) and (4) below, the period of one month specified in sub-paragraph (1)(a) above may be extended where an application for such an extension is made before 5th August 2000 by a claimant or a person acting on his behalf containing—

(a)

the grounds on which an extension of time is sought; and

(b)

sufficient details of the decision to enable it to be identified.

(3)

An application for an extension of time shall not be granted under sub-paragraph (2) above unless the Secretary of State is satisfied that—

(a)

it is reasonable to grant that application;

(b)

the application for review has merit; and

(c)

special circumstances are relevant to the application for extension of time as a result of which it was not practicable for the application for review to be made within one month of the date of the adjudicating authority’s decision being notified to the claimant.

(4)

In deciding whether to grant an extension of time no account shall be taken of the following factors—

(a)

that the claimant or any person acting for him misunderstood or was unaware of the law applicable to his case (including misunderstanding or being unaware of the period specified in sub-paragraph (1)(a) above); or

(b)

that a Social Security Commissioner or a court has taken a different view of the law from that previously understood and applied by the adjudicating authority.

(5)

Where, by virtue of sub-paragraph (1)(b) above—

(a)

a decision is made under section 10 which is advantageous to the applicant; and

(b)

the same decision could have been made by the adjudicating authority prior to 5th July 1999 on the application for review,

that decision shall take effect from the date from which it would have taken effect had the decision been so made.