The Recovery of Health Services Charges (Reviews and Appeals) Regulations (Northern Ireland) 2007

Appeals against certificates

5.—(1) Any appeal against a certificate shall be in writing on a form approved by the Department and, unless an application has been granted to extend the time for an appeal against a certificate under regulation 7, shall be sent to the Department—

(a) not later than 3 months after—

(i) the date on the certificate, or

(ii) if later, the date on which the compensation payment is made;

(b) where a certificate is confirmed following a review by the Department under Article 8, not later than 3 months after the date of that confirmation;

(c) where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the injury or death, not later than 3 months after the date of that agreement; or

(d) where the compensator makes a waiver application, not later than one month after—

(i) the date of the waiver decision, or

(ii) if the compensator appeals against that decision, the date on which the appeal is decided or withdrawn.

(2) Where the points raised in an appeal against a certificate have not already been the subject of a review under Article 8 the Department, if it thinks it appropriate to do so, may treat an appeal against a certificate as an application for review under Article 8(3).

(3) Where the Department decides to treat an appeal against a certificate as an application for review under Article 8(3) it must advise the applicant that it has done so and—

(a) where the certificate is confirmed, notify the applicant of that decision; or

(b) otherwise issue a fresh certificate.

(4) Any appeal under this regulation shall contain the following particulars—

(a) the date of the certificate in relation to which the appeal is made;

(b) the ground under Article 9 to which the appeal relates; and

(c) a summary of the arguments relied on by the person making the appeal to support his contention that the certificate is wrong.