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

Explanatory Note

(This note is not part of the Regulations)

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.

These Regulations also amend the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001. In particular—

• Regulation 25 provides for the correction of accidental errors in a decision of a relevant authority.

• Regulation 27 provides for a relevant authority to grant an extension of time for an appeal in specified circumstances.

• Regulation 28 applies for housing benefit and council tax benefit purposes the amendments to appeal tribunal procedure made by regulations 13 to 20 in respect of other social security benefits.

These Regulations do not impose any costs on business.