The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999

4.—(1) This paragraph applies where the time limit for making an appeal to a social security appeal tribunal in respect of a decision in relation to a relevant benefit made before 29th November 1999 has not expired before that date.

(2) Where sub-paragraph (1) above applies, regulation 3 of the Adjudication Regulations as it relates to the period within which an appeal may be made, or an extension of that period, shall, notwithstanding regulation 59 of the Regulations, continue to have effect, subject to the modifications in sub-paragraph (3) below, with respect to any appeal to an appeal tribunal made on or after 29th November 1999 in relation to that decision.

(3) The modifications referred to in sub-paragraph (2) above are as if–

(a) references to a tribunal, a chairman or a person considering the application were references to a legally qualified panel member; and

(b) in paragraph (3E)(1), for the words from “6 years” to the end of the paragraph there were substituted the words “29th December 2000”.

(4) Notwithstanding regulation 3 of the Regulations, the Secretary of State may revise under section 9 a decision made before 29th November 1999 on a claim for or award of a relevant benefit (other than a decision made on appeal)–

(a) pursuant to an application for a review of a decision made within three months of the notification of that decision; or

(b) where an appeal has been duly made against that decision but not determined.

(5) Where a decision is revised pursuant to sub-paragraph (4) above the appeal shall lapse unless the decision as revised is not more advantageous to the appellant than the decision before it was revised.

(1)

Paragraph (3E) was inserted by S.I. 1996/182.