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The Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006

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Waiver applications and appeals

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4.—(1) An application under section 157(4) for a waiver of the requirement in section 157(2)(b) that payment of the amount or amounts specified in the certificate be made before making an appeal (“a waiver application”) shall be sent to the Scottish Ministers with particulars of the exceptional financial hardship that would be caused by payment of the amount or amounts specified in the certificate.

(2) A waiver application shall be sent to the Scottish Ministers not later than–

(a)3 months after–

(i)the date on the certificate; or

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

(b)if the compensator has been granted an extension of the time limit for an appeal against a certificate under regulation 7, 1 month after the date of that decision.

(3) Where the Scottish Ministers make a waiver decision(1), the person who made the application for a waiver–

(a)shall be given notice of the decision; and

(b)if the application for a waiver is refused–

(i)shall be given notice of the person’s right of appeal against the decision under section 157(6); and

(ii)shall be informed that, if the notice of the decision does not include a statement of the reasons for the decision, the person may, within 1 month of the date of notification of that decision, request that the Scottish Ministers provide the person with a written statement of the reasons for the decision.

(4) An appeal against a waiver decision shall be in writing on a form approved by the Scottish Ministers(2) and unless an application has been granted to extend the time for an appeal against a waiver decision under regulation 7, shall be sent to the Scottish Ministers not later than 1 month after the date of the waiver decision.

(5) An appeal against a waiver decision shall contain–

(a)the particulars required under regulation 5(4) in relation to the appeal against the certificate which it is proposed to bring; and

(b)particulars of the exceptional financial hardship that would be caused by payment of the amount or amounts specified in the certificate.

(1)

See section 157(6) of the 2003 Act for the meaning of waiver decision.

(2)

The approved forms referred to in this regulation are obtainable from the Compensation Recovery Unit, Durham House, Washington, Tyne and Wear, NE38 7SF.

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