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The Social Security (Recovery of Benefits) (Appeals) Regulations (Northern Ireland) 1997

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Setting aside decisions on certain grounds

11.—(1) Subject to regulation 12, on an application made by a party to the proceedings, a decision may be set aside by the tribunal which gave the decision or by another such tribunal in a case where it appears just to set the decision aside on the ground that—

(a)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the tribunal which gave the decision;

(b)a party to the proceedings in which the decision was given or the party’s representative was not present at a hearing relating to the proceedings; or

(c)the interests of justice so require.

(2) In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the tribunal shall determine whether the party making the application gave notice to the clerk to the tribunal that he wished an oral hearing, and if that party did not give such notice the tribunal shall not set the decision aside unless it is satisfied that the interests of justice manifestly so require.

(3) An application under this regulation shall—

(a)be made in writing;

(b)be given or sent to the office of the clerk to the tribunal which made the relevant decision not later than 3 months after the date on which notice of the tribunal’s decision was given or sent to the applicant; and

(c)contain particulars of the grounds on which it is made.

(4) The time specified in paragraph (3) for the making of an application may be extended for special reasons, even though the time so specified may already have expired, by the chairman of the tribunal; and regulation 2(16) and (17) (manner of making appeals and time limits) shall apply in relation to any determination by a chairman.

(5) Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.

(6) Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.

(7) For the purposes of determining under these Regulations an application to set aside a decision there shall be disregarded regulation 1(4) (interpretation) and any provision in any enactment to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent by post to that person’s last known or notified address.

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