Regulation 24 HearingsI1

Northern Ireland

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

reg. 24(6)(e) omitted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(11)(a)(i)
reg. 24(6)(f) words substituted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(11)(a)(ii)
reg. 24(6)(ff) inserted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(11)(a)(iii)
reg. 24(6A)(6B) inserted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(11)(b)

(1)

This regulation applies to any hearing of an application, appeal or reference to which these Regulations apply.

(2)

Subject to paragraph (3), the office shall give reasonable notice of the time and place of any hearing before a Commissioner.

(3)

Unless all the parties concerned agree to a hearing at shorter notice, the period of notice specified under paragraph (2) shall be at least 14 days before the date of the hearing.

(4)

If any party to whom notice of a hearing has been sent fails to appear at the hearing, the Commissioner may proceed with the case in that party’s absence, or may give directions with a view to the determination of the case.

(5)

Any hearing before a Commissioner shall be in public, unless the Commissioner for special reasons directs otherwise.

(6)

Where a Commissioner holds a hearing, the following persons or organisations shall be entitled to be present and be heard—

(a)

the person or organisation making the application, appeal or reference;

(b)

the claimant;

(c)

the Department;

(d)

a trade union, employers' association or other association which would have had a right of appeal under the Order;

(e)

in cases concerning statutory sick pay and statutory maternity pay, the employer and the employee concerned;

(f)

a person from whom it is determined that any amount is recoverable under or by virtue of section 69 or 72 of the Administration Act^f1; and

(g)

with the leave of a Commissioner, any other person.

(7)

Any person entitled to be heard at a hearing may—

(a)

address the Commissioner;

(b)

with the leave of the Commissioner, give evidence, call witnesses and put questions directly to any other person called as a witness.

Annotations

Commencement

I1: Reg. 24 in operation at 7.6.1999, see reg. 1

Footnotes

f1: 1992 c. 8. Section 69 was amended by Section 2 of the Social Security (Overpayments) Act 1996 (c. 51) and Article 31 of, and paragraph 31 of Schedule 2 to the Job Seekers (Northern Ireland) Order 1995 [S.I. 1995/2705 (N.I. 15)]. Section 72 was amended by paragraph 13 of the Job Seekers (Northern Ireland) Order 1995