294. In regulation 4 (late appeals)—
(a)in paragraph (1) for “(2) to (8) are satisfied, an appeal may be” substitute “(4) to (8) are satisfied, the Board may treat an appeal as made in time where an appeal is”;
(b)omit paragraphs (2) and (3);
(c)for paragraph (4) substitute—
“(4) The Board must not treat the appeal as made in time unless the Board is satisfied that it is in the interests of justice.”;
(d)in paragraph (5)—
(i)for “grant an application unless the panel member is, or the Board are, as the case may be,” substitute “treat the appeal as made in time unless the Board are”; and
(ii)in sub-paragraphs (a) and (b) omit “to the application”;
(e)in paragraph (6) for “applicant”, in each place, substitute “appellant”;
(f)in paragraph (7)—
(i)for “grant the application” substitute “treat the appeal as made in time”; and
(ii)for the words “making of the application” to the end substitute “submission of the notice of appeal, the more compelling should be the special circumstances.”;
(g)in paragraph (8)—
(i)for “grant an application” substitute “treat the appeal as made in time”;
(ii)in sub-paragraph (a) for “applicant” substitute “appellant”; and
(iii)in sub-paragraph (b) for “a Social Security Commissioner” substitute “the Upper Tribunal”; and
(h)omit paragraphs (9) and (10).