The Child Trust Funds (Appeals) (Northern Ireland) Regulations 2005

Late appeals

4.—(1) Where the conditions specified in paragraphs (2) to (8) are satisfied, an appeal may be brought within a period of one year after the expiration of the notification period.

(2) An application to bring a late appeal under this regulation shall be made in writing, signed by or on behalf of the appellant and sent to the Board and it shall include sufficient information to determine—

(a) the identity of the appellant;

(b) whether the appellant is a relevant person within the meaning of section 22(3) of the 2004 Act or a personal representative of a child in accordance with section 22(5), if the appellant is appealing in either capacity;

(c) the subject of the appeal to which the application relates;

(d) the decision against which the appeal is being made; and

(e) the grounds on which the applicant seeks time to appeal, including details of any relevant special circumstances for the purposes of paragraph (4).

(3) An application to bring a late appeal under this regulation shall be determined by a legally qualified panel member, except that where the Board consider that the conditions in paragraphs (4)(b) to (8) are satisfied, the Board may grant the application.

(4) An application to bring a late appeal shall 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, or the Board are, satisfied that it is in the interests of justice for the application to be granted.

(5) For the purposes of paragraph (4) it is not in the interests of justice to grant an application unless the panel member is, or the Board are, as the case may be, satisfied that—

(a) the special circumstances specified in paragraph (6) are relevant to the application; or

(b) some other special circumstances exist which are wholly exceptional and relevant to the application,

and as a result of those special circumstances, it was not practicable for the appeal to be brought within the notification period.

(6) For the purposes of paragraph (5)(a), the special circumstances are that—

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

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

(c) normal postal services were disrupted.

(7) In determining whether it is in the interests of justice to grant the application, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the notification period and the making of the application to bring a late appeal, the more compelling should be the special circumstances on which the application is based.

(8) In determining whether it is in the interests of justice to grant an application, no account shall be taken of the following—

(a) that the applicant or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the notification period); or

(b) that a Commissioner or a court has taken a different view of the law from that previously understood and applied.

(9) An application under this regulation for a late appeal which has been refused may not be renewed.

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

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

(12) In this regulation “Commissioner” includes a Commissioner within the meaning in section 39(1) of the Social Security Act 1998(1).

(1)

1998 c. 14.