The Social Security (Recovery of Benefits) (Appeals) Regulations 1997

Application to a chairman for leave to appeal to a Commissioner

13.—(1) Subject to the following provisions of this regulation, an application to the chairman of a tribunal for leave to appeal to a Commissioner from a decision of a tribunal shall—

(a) be made in writing;

(b) be given or sent to the office of the clerk to the tribunal which made the relevant decision not later than 3 months after the date when a notice of the tribunal’s decision was sent or given to the applicant;

(c) contain particulars of the grounds on which it is made;

(d) have annexed thereto a copy of the statement of the reasons for the tribunal’s decision referred to in regulation 9(4).

(2) Where an application for leave to appeal is made by the Secretary of State, the clerk to the tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.

(3) The decision of the chairman on an application for leave to appeal shall be recorded in writing and copies shall be given or sent to every party to the proceedings.

(4) Where in any case it is impracticable, or it will be likely to cause undue delay, for an application for leave to appeal against the decision of a tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person eligible to be nominated to act as a chairman of a medical appeal tribunal under section 50(4) of the Social Security Administration Act 1992.

(5) A person who has made an application to the chairman of the tribunal for leave to appeal to a Commissioner against a decision of a tribunal may withdraw his application at any time before it is determined by giving written notice of intention to withdraw to the chairman.