- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Child Support Maintenance Calculation Regulations 2012 No. 2677
2.—(1) Where a dispute arises as to whether an appeal was brought within the time specified under the Tribunal Procedure Rules the dispute shall be referred to, and determined by, the First-tier Tribunal.
(2) The Secretary of State may treat a late appeal as made in time in accordance with the Tribunal Procedure Rules if the Secretary of State is satisfied that it is in the interests of justice to do so.
(3) For the purposes of sub-paragraph (2) it is not in the interests of justice to treat the appeal as made in time unless the Secretary of State is satisfied that–
(a)the special circumstances specified in sub-paragraph (4) are relevant; or
(b)some other special circumstances exist which are wholly exceptional and relevant,
and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit specified in the Tribunal Procedure Rules.
(4) For the purposes of sub-paragraph (3)(a), the special circumstances are that—
(a)the appellant or a partner or dependant of the appellant has died or suffered serious illness;
(b)the appellant is not resident in the United Kingdom; or
(c)normal postal services were disrupted.
(5) In determining whether it is in the interests of justice to treat the appeal as made in time regard must be had to the principle that the greater the amount of time that has elapsed between the expiration of the time limit under the Tribunal Procedure Rules and the submission of the notice of appeal, the more compelling should be the special circumstances.
(6) In determining whether it is in the interests of justice to treat the appeal as made in time no account shall be taken of the following–
(a)that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by the Tribunal Procedure Rules); or
(b)that the Upper Tribunal or a court has taken a different view of the law from that previously understood and applied.
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.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: