The Health in Pregnancy Grant (Notices, Revisions and Appeals) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations provide for a new appeal regime for health in pregnancy grant. Decisions on health in pregnancy grant will be taken by the Commissioners for Her Majesty’s Revenue and Customs under section 8 of the Social Security Act 1998 (or, in Northern Ireland, under Article 9 of the Social Security (Northern Ireland) Order 1998). For this reason these regulations do not cover decisions. Provision is made for the revision of such decisions, but not for the supercession of decisions because of the simplicity of the grant (including the grounds for eligibility) and because it is a one-off payment.

Regulation 1 makes provision for interpretation, citation and commencement.

Regulation 2 makes a written notice of appeal against health in pregnancy grant obligatory, and provides for the giving and sending of documents to and from the Commissioners of Her Majesty’s Revenue and Customs. It also provides the opportunity to request a written statement of reasons for the health in pregnancy grant decision.

Regulation 3 gives the grounds on which a health in pregnancy grant may be revised. This is either by the Commissioners, on their own behest, or as a result of a request for a revision. Both these grounds for revision are limited to within a month of the health in pregnancy grant decision, subject to prescribed exceptions. The third ground for revision can be taken at any time; this is where the decision arose from official error, or mistake of fact.

Regulation 4 allows the Commission to request further evidence on receipt of a request for revision, and provides the procedure and time limits for such a request and for a revision.

Regulation 5 provides that it is still possible to appeal against a decision which has been revised, if that revision has not resulted in an award of health in pregnancy grant.

Regulation 6 allows late applications for revised decisions in special circumstances.

Regulation 7 prescribes the time within which an appeal against a health in pregnancy decision is to be brought.

Regulation 8 allows for late appeals to the Tribunal in special circumstances.

Regulation 9 provides the procedure for appeals.

Regulation 10 provides the procedure in the event of the death of the claimant.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.