The Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996

Amendment of regulation 6 of the Appeal Regulations

16.—(1) Regulation 6 of the Appeal Regulations (striking out of proceedings) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) for the words “a direction under regulation 3(11) or 5 or to reply to an enquiry from the clerk to the tribunal about his availability to attend a hearing” there shall be substituted the words “a direction under regulation 3(11), 5(1) or (2)”.

(3) After paragraph (1) there shall be inserted the following paragraphs—

“(1A) Where a chairman decides not to strike out an appeal or application under paragraph (1) he shall consider whether the appeal or application should be determined forthwith in accordance with these Regulations.

(1B) Where a chairman decides that an appeal or application should not be determined forthwith under paragraph (1A) he shall consider whether he should make further directions with a view to expediting the hearing of the appeal or application.”.

(4) After paragraph (2) there shall be inserted the following paragraph—

“(2A) Paragraph (2) shall not require a notice to be sent to a party, including a person against whom it is proposed that an order under paragraph (1) should be made, where his address is unknown to the chairman or the clerk to the tribunal and cannot be ascertained by reasonable enquiry.”.

(5) In paragraph (3)—

(a) for the words “one year” there shall be substituted the words “3 months”;

(b) after the words “that order” there shall be added the words “if he is satisfied that the party concerned did not receive a notice under paragraph (2) and that the conditions in paragraph (2A) were not met”.