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

Late applications for revision of decisions

6.—(1) The Commissioners may extend the time limits specified in regulation 3(1)(b) if—

(a) an application for an extension of time is made to the Commissioners by the claimant or a person acting on her behalf; and

(b) the application for the extension of time—

(i) contains particulars of the grounds on which the extension is sought;

(ii) contains sufficient details of the decision which it is sought to have revised so as to enable it to be identified; and

(iii) is made within 12 months of the latest date by which an application should have been received by the Commissioners in accordance with regulation 3(1)(b).

(2) An application for an extension of time shall not be granted unless the Commissioners are satisfied that—

(a) it is reasonable to grant it; and

(b) special circumstances apply.

(3) The special circumstances specified in paragraph (2) are that—

(a) the claimant or her partner or a dependant of the claimant has died or suffered serious illness;

(b) the claimant is not resident in the United Kingdom; or

(c) normal postal services were disrupted.

(4) In determining whether it is reasonable to grant an application for an extension of time, the Commissioners must have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time limits specified in regulation 3(1)(b) and the making of the application the more compelling the special circumstances in (3) must be .

(5) In determining whether it is reasonable to grant an application for an extension of time, the Commissioners may take no account of the following—

(a) that the claimant or any person acting for her was unaware of or misunderstood the law applicable to her case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that any tribunal or Court has taken a different view of the law from that previously understood and applied.

(6) An application for an extension of time which has been refused may not be renewed.