http://www.legislation.gov.uk/id/uksi/2002/1379

http://www.legislation.gov.uk/uksi/2002/1379/regulation/17/made

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

Benefits

Child support

Benefits for parents and children

Tax credits

Work related benefits

King's Printer of Acts of Parliament

2016-06-13

SOCIAL SECURITY

TAXES

FAMILY LAW;CHILD SUPPORT

These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999. In particular—In regulations 2(a), 11(c), 14(d), 16, 17(e), 18(b) and (c) and 19 amendments are made for tax credit purposes equivalent to amendments made in relation to social security benefits by the Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596); the further associated amendments apply to tax credits and social security benefits.Regulation 3 makes further provision for the revision of decisions.Regulation 4 provides for the correction of accidental errors in a decision of the Secretary of State or an officer of the Board of Inland Revenue (“the Board”).Regulation 6 provides for the interaction of awards of income support and jobseeker’s allowance.Regulation 7 adds an appointee after the death of a claimant to the list of prescribed persons who may appeal.Regulations 9 and 11 clarify the time limits for making an appeal.Regulation 10 provides for the Secretary of State or the Board to grant an extension of time for an appeal in specified circumstances.Regulation 13 provides for the clerk to an appeal tribunal to reinstate an appeal if he has struck it out because the appellant failed to comply with a direction concerning an oral hearing.Regulation 14 provides for oral hearings to be in public except in specified circumstances and for participation in an oral hearing by a live television link.Regulation 15 removes rules about the constitution of an appeal tribunal after an adjournment.Regulation 16 requires applications for statements of appeal tribunals' reasons to be sent to the clerk.Regulations 17(a) and 18(c) provide that the death or serious illness of the appellant’s partner is a reason for granting further time for the appellant to take procedural steps.Regulation 20 amends provisions governing applications for leave to appeal to the Social Security and Child Support Commissioners.Regulation 21 specifies decisions of the Secretary of State or the Board under the Social Security (Claims and Payments) Regulations 1987 against which there is no appeal.

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

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 199917

In regulation 54 (late applications for a statement of reasons of tribunal decision)—

a

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

b

in paragraphs (10), (11) and (12) for the word “decision” in each place where it occurs there shall be substituted the word “determination”;

c

in paragraph (11) for the words “a copy” there shall be substituted the word “notice”;

d

in paragraph (12) for the words “a copy”, in the first place where they occur, there shall be substituted the word “notice”; and

e

the following paragraph shall be substituted for paragraph (13)23—

13
In calculating the time specified for applying in writing for a statement of the reasons for the tribunal’s decision there shall be disregarded any day which falls before the day on which notice was given of—
a
a correction of a decision or the record thereof pursuant to regulation 56; or
b
a determination that a decision shall not be set aside following an application made under regulation 57, except where the decision was not set aside because of a refusal to extend the time for applying.