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The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003

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Late appeals

29.—(1) The time within which an appeal must be brought may be extended in accordance with this regulation, but no appeal shall in any event be brought more than one year after the expiration of the last day for appealing under regulation 28.

(2) An application for an extension of time under this regulation must—

(a)be made in accordance with regulation 31; and

(b)be determined by a legally qualified panel member except where the Board consider that the application satisfies paragraph (5)(b).

(3) If the Board consider that an application under this regulation satisfies paragraph (5)(b), they may grant it.

(4) An application under this regulation must contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances specified in regulation 30(2).

(5) An application under this regulation must 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 is satisfied, or the Board are satisfied, that it is in the interests of justice for the application to be granted (see generally regulation 30).

(6) An application under this regulation which has been refused may not be renewed.

(7) The panel member who determines an application under this regulation must record a summary of his decision in such written form as has been approved by the President.

(8) “The President” means—

(a)in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, the President of appeals tribunals appointed under section 5;

(b)in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, the President of appeals tribunals appointed under Article 6.

(9) As soon as practicable after the decision is made a copy of the decision must be sent or given to every party to the proceedings.

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