Search Legislation

The Social Security, Child Support and Mesothelioma Lump Sum Payments (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations

This section has no associated Explanatory Memorandum

4.—(1) The Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations (Northern Ireland) 2008(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 4 (reconsideration) for paragraph (1) substitute—

(1) An application made to the Department for reconsideration of a determination that a payment should or should not be made must–

(a)be made–

(i)within one month of the date of notification of the determination,

(ii)where a written statement is requested under regulation 4B(3) (reconsideration before appeal) and is provided within the period specified in head (i), within 14 days of the expiry of that period,

(iii)where a written statement is requested under regulation 4B(3) and is provided after the period specified in head (i), within 14 days of the date on which the statement is provided, or

(iv)within such longer period as may be allowed under regulation 4A (late application for reconsideration); and

(b)specify the ground for the request and give such other relevant information as the Department may require in order to deal adequately with the reconsideration..

(3) After regulation 4 insert—

Late application for reconsideration

4A.  Where, in a case to which regulation 4B (reconsideration before appeal) applies, the Department considers there was good cause for not applying for reconsideration of a determination within the time limit specified in regulation 4(1), it may extend the time limit for such period as it considers appropriate in the circumstances.

Reconsideration before appeal

4B.(1) This regulation applies in a case where—

(a)the Department gives a person written notice of a determination made on a claim; and

(b)that notice includes a statement to the effect that there is a right of appeal against the determination only if the Department has, on an application, decided whether to reconsider the determination.

(2) In a case to which this regulation applies, a person may appeal under section 5 of the Mesothelioma, etc., Act (Northern Ireland) 2008 against the determination only if the Department has decided on an application whether to reconsider the determination under section 4 of that Act.

(3) The notice referred to in paragraph (1) must inform the person—

(a)of the time limit specified in regulation 4(1) for making an application for reconsideration of the determination; and

(b)that, where the notice does not include a statement of the reasons for the determination (“written reasons”), he may, within one month of the date of notification of the determination, request that the Department provide him with written reasons.

(4) Where written reasons are requested under paragraph (3)(b), the Department must provide them within 14 days of receipt of the request or as soon as practicable afterwards.

(5) Where, as the result of paragraph (2), there is no right of appeal against a determination made on a claim, the Department may treat any purported appeal as an application for reconsideration of the determination under section 4 of that Act..

(1)

S.R. 2008 No. 353, to which there are amendments not relevant to these Regulations.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources