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

Amendment of regulation 11 of the Appeal Regulations

19.—(1) Regulation 11 of the Appeal Regulations (hearings) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraphs—

“(1) Where an appeal or application is made to a tribunal, the clerk to the tribunal shall direct every party to the proceedings to notify him if that party wishes an oral hearing of that appeal or application to be held.

(1A) A notification under paragraph (1) shall be in writing and shall be made within 21 days of receipt of the direction from the clerk to the tribunal or within such other period as the clerk to the tribunal or a chairman may direct.

(1B) Where the clerk to the tribunal receives notification in accordance with paragraph (1A) the tribunal shall hold an oral hearing.

(1C) A chairman may of his own motion require an oral hearing to be held if he is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.

(1D) Subject to the provisions of the Act and of these Regulations the procedure in connection with an oral hearing shall be such as the chairman shall determine.”.

(3) In paragraph (2)—

(a) at the beginning, there shall be inserted the words “Except where paragraph (2C) applies,”;

(b) for the words “the time and place of any hearing” there shall be substituted the words “the time and place of any oral hearing”;

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

“(2A) A chairman may give notice for the determination forthwith, in accordance with the provisions of the Act and these Regulations, of an appeal or application notwithstanding that a party to the proceedings has failed to indicate his availability for a hearing or to provide all the information which may have been requested, if the chairman is satisfied that such party—

(a) has failed to comply with a direction regarding his availability or requiring information under regulation 3(11), 5(1) or (2); and

(b) has not given any explanation for his failure to comply with such a direction; provided that the chairman is satisfied that the tribunal has sufficient particulars in order for the appeal or application to be determined.

(2B) A chairman may give notice for the determination forthwith, in accordance with the provisions of these Regulations, of an appeal or application which he believes has no reasonable prospect of success.

(2C) Any party to the proceedings may waive his right to receive not less than 10 days notice of the time and place of any oral hearing as specified in paragraph (2).”.

(5) In paragraph (6) after the words “including any explanation offered for the absence” there shall be inserted the words “and where applicable the circumstances set out in sub-paragraphs (a) or (b) of paragraph (2A)”.

(6) After paragraph (6) there shall be inserted the following paragraph—

“(6A) Where any party to the proceedings has waived his right to be given notice under paragraph (2C) the tribunal may proceed with the hearing notwithstanding his absence.”.