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The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002

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This is the original version (as it was originally made).

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

10.  In regulation 32 (late appeals)—

(a)at the end of paragraph (2) there shall be added the words “, except that where the Secretary of State or the Board, as the case may be, consider that the conditions in paragraphs (4)(b) to (8) are satisfied, the Secretary of State or the Board, as the case may be, may grant the application.”;

(b)for paragraph (4) there shall be substituted the following paragraph—

(4) An application for an extension of time shall not be granted unless—

(a)the panel member is satisfied that, if the application is granted, there are reasonable prospects that the appeal will be successful; or

(b)the panel member, the Secretary of State or the Board, as the case may be, are satisfied that it is in the interests of justice for the application to be granted.;

(c)in paragraph (5)—

(i)after the words “panel member” there shall be inserted the words “, the Secretary of State or the Board, as the case may be,”; and

(ii)for the words “application to be made” there shall be substituted the words “appeal to be made”;

(d)in paragraph (6)(a) for the word “spouse” there shall be substituted the word “partner”; and

(e)in paragraph (7), for the words “the panel member shall have regard” there shall be substituted the words “regard shall be had”.

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