OpenLegislation

Article 21 Transitory provisions: appealsC1C2C3C4C5C6C7C8C9C10C11C12C13C14C15

(1)

Paragraph (2) applies where—

(a)

the amending provisions have come into force under article 4(1) in relation to the case of a claim referred to in article 4(2)(a) to (d) (and any award that is made in respect of the claim) or the case of an award referred to in article 4(2)(e) or (f);

(b)

the person is sent notice of a decision relating to a new style ESA award or a new style JSA award; and

(c)

the date of notification with respect to that decision is before 28th October 2013.

(2)

Where this paragraph applies, the provisions mentioned in paragraph (3) apply for the purposes of any appeal in relation to that decision as if regulation 55 of the Decisions and Appeals Regulations 2013 (consequential amendments) did not apply in that person’s case.

(3)

The provisions referred to are the following provisions of the Social Security and Child Support (Decisions and Appeals) Regulations 1999f1—

(a)

regulation 32 (late appeals)f2;

(b)

regulation 33 (notice of appeal); and

(c)

regulation 34 (death of a party to an appeal).

(4)

For the purposes of paragraph (1), “the date of notification” means the date on which the decision notice was posted to the person’s last known address by the Secretary of State.

Annotations

Modifications

C1

Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 11 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2013 (S.I. 2013/1511), art. 5

C2

Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2657), art. 6

C3

Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 14 and Transitional and Transitory Provisions) Order 2013 (S.I. 2013/2846), art. 5

C4

Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/209), art. 5

C5

Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014 (S.I. 2014/1583), art. 5

C6

Arts. 9-22 applied (1.9.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/2321), art. 5

C7

Arts. 9-22 applied (21.11.2014 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 5

C8

Arts. 9-22 applied (28.1.2015 for specified purposes) by The Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/33), art. 5

C9

Arts. 9-22 applied (with application in accordance with art. 4(2) of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101), art. 5

C10

Arts. 9-22 applied (10.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634), art. 6

C11

Arts. 9-22 applied (20.7.2015) by The Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/1537), art. 6

C12

Arts. 9-22 applied (23.11.2015) by The Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/1930), art. 5

C13

Arts. 9-22 applied (14.1.2016) by The Welfare Reform Act 2012 (Commencement No. 26 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/33), art. 5

C14

Arts. 9-22 applied (21.3.2016) by The Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/407), art. 5

C15

Arts. 9-22 applied (31.1.2019) by The Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019 (S.I. 2019/167), art. 4(12)

Footnotes

f1

S.I. 1999/991.

f2

Regulation 32 was amended by S.I. 2002/1379, 2003/916, 2008/2683 and 2012/2007.