Regulation 33 Application to a Commissioner for leave to appeal to the Appellate CourtI1

Northern Ireland

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

reg. 33(1) words inserted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(16)(a)
reg. 33(2) substituted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(16)(b)
reg. 33(3) words inserted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(16)(c)(i)(ii)
reg. 33(3) words substituted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(16)(c)(iii)
reg. 33(4) substituted by Social Security and Child Support Commissioners (Procedure) 2007 reg. 2(16)(d)

(1)

Subject to paragraph (2), an application to a Commissioner under section 22 of the Administration Act^f1 for leave to appeal against a decision of a Commissioner shall be made in writing, stating the grounds of the application, within three months from the date on which the applicant was sent written notice of the decision.

(2)

Subject to a direction by a Commissioner, in calculating any time for applying for leave to appeal under paragraph (1), there shall be disregarded any day before the day—

(a)

on which notice was sent of a correction of a decision or the record of it under regulation 30; or

(b)

on which notice was sent of a determination that a decision shall not be set aside under regulation 31.

(3)

Regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987^f2 (persons unable to act) shall apply to the right of appeal conferred by section 22 of the Administration Act (appeal from Commissioner on point of law) as it applies to rights arising under the Social Security Acts or Orders generally.

(4)

A person in respect of whom a forfeiture rule question arises and the Department, shall be authorised to apply for leave to appeal from a Commissioner’s decision on a forfeiture rule question.

(5)

Paragraphs (1) and (3) of regulation 26 shall apply to an application to a Commissioner for leave to appeal from a Commissioner’s decision as they apply to the proceedings in that regulation.

Regulation 33 Application to a Commissioner for leave to appeal to the Appellate CourtI1

Annotations

Commencement

Footnotes