Statutory Instrument 1999 No. 1495
The Social Security Commissioners (Procedure) Regulations 1999
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1999 No. 1495
SOCIAL SECURITY
The Social Security Commissioners (Procedure) Regulations 1999
| | Made | 26th May 1999 | |
| | Laid before Parliament | 21st April 1999 | |
| | Coming into force | 1st June 1999 | |
ARRANGEMENT OF REGULATIONSPART IGENERAL PROVISIONS
| 1. | Citation and commencement |
| 3. | Transitional provisions |
| 5. | General powers of a Commissioner |
| 6. | Transfer of proceedings between Commissioners |
| 7. | Delegation of functions to authorised officers |
| 8. | Manner of and time for service of notices, etc. |
PART IIAPPLICATIONS FOR LEAVE TO APPEAL, APPEALS AND REFERENCES
| 9. | Application to a Commissioner for leave to appeal |
| 10. | Notice of application to a Commissioner for leave to appeal |
| 11. | Determination of application |
| 13. | Time limit for appealing after leave obtained |
| 14. | References under the Forfeiture Act 1982 |
| 15. | Further provisions relating to references under the Forfeiture Act 1982 |
| 16. | Acknowledgement of a notice of appeal or a reference and notification to each respondent |
PART IIIPROCEDURE
| 18. | Respondent's written observations |
| 19. | Written observations in reply |
| 21. | Procedure on linked case notice from the Secretary of State |
| 22. | Non-disclosure of medical evidence |
| 25. | Summoning of witnesses |
| 26. | Withdrawal of applications for leave to appeal, appeals and references |
PART IVDECISIONS
| 28. | Determinations and decisions of a Commissioner |
| 29. | Procedure after determination of a forfeiture rule question |
| 30. | Correction of accidental errors in decisions |
| 31. | Setting aside of decisions on certain grounds |
| 32. | Provisions common to regulations 30 and 31 |
PART VAPPLICATIONS FOR LEAVE TO APPEAL TO THE APPELLATE COURT
| 33. | Application to a Commissioner for leave to appeal to the Appellate Court |
The Lord Chancellor, in exercise of the powers conferred by sections 14 to 16, 28, 79(2) and 84 of, and Schedules 4 and 5 to, the Social Security Act 1998[1], section 4(2) of the Forfeiture Act 1982[2] and of all other powers enabling him in that behalf, after consultation with the Lord Advocate and, in accordance with section 8 of the Tribunals and Inquiries Act 1992[3], with the Council on Tribunals, makes the following Regulations, a draft of which has, in accordance with section 80(1) of the Social Security Act 1998 been laid before and approved by resolution of each House of Parliament-
PART IGENERAL PROVISIONSCitation and commencement 1.These Regulations may be cited as the Social Security Commissioners (Procedure) Regulations 1999 and shall come into force on 1st June 1999.
Revocation 2.The following Regulations are revoked to the extent that they relate to proceedings before the Social Security Commissioners-
(a) the Social Security Commissioners Procedure Regulations 1987[4];
(b) the Social Security Commissioners Procedure (Amendment) Regulations 1992[5]; and
(c) the Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997[6].
Transitional provisions
3. - (1) Subject to paragraphs (2) to (3), these Regulations shall apply to all proceedings before the Commissioners on or after 1st June 1999.
(2) In relation to any appeal or application for leave to appeal from any social security, disability or medical appeal tribunal constituted under Part II of the Social Security Administration Act 1992[7] these Regulations shall have effect with the modifications that-
(a) "appeal tribunal" includes a reference to any such tribunal;
(b) "chairman" includes a reference to a person authorised to deal with applications for leave to appeal under the Social Security (Adjudication) Regulations 1995[8];
(c) "Secretary of State" includes a reference to an adjudication officer;
(d) "section 14(7) of the Act" includes a reference to sections 23(6A) and 48(4A) of the Social Security Administration Act 1992, as modified by paragraph 4 of Schedule 6 to the Act;
(e) "42 days" shall be substituted for "one month" in regulations 9(2) and 13(1); and
(f) under regulation 9 a Commissioner may for special reasons accept an application for leave to appeal even though the applicant has not sought to obtain leave to appeal from the chairman.
(3) Any transitional question arising under any application, appeal or reference in consequence of the coming into force of these Regulations shall be determined by a Commissioner who may for this purpose give such directions as he may think just, including modifying the normal requirements of these Regulations in relation to the application, appeal or reference.
Interpretation
4.In these Regulations, unless the context otherwise requires-
"the Act" means the Social Security Act 1998;
"appeal tribunal" means an appeal tribunal constituted under Chapter I of Part 1 of the Act;
"authorised officer" means an officer authorised by the Lord Chancellor, or in Scotland by the Secretary of State, in accordance with paragraph 6 of Schedule 4 to the Act;
"the chairman" for the purposes of regulations 9 and 10 means-
(i) the person who was the chairman or sole member of the appeal tribunal which gave the decision against which leave to appeal is being sought; or
(ii) any other person authorised to deal with applications for leave to appeal to a Commissioner against that decision under section 14 of the Act;
"Commissioner" has the meaning given in section 39 of the Act;
"forfeiture rule question" means any question referred to in section 4(1) or 4(1A) to 4(1H) of the Forfeiture Act 1982[9];
"legally qualified" means being a solicitor or barrister, or in Scotland, a solicitor or advocate;
"month" means a calendar month;
"office" means an Office of the Social Security Commissioners;
"party" means a party to the proceedings;
"proceedings" means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner, by way of an appeal or reference, or otherwise;
"respondent" means any person or organisation other than the applicant, appellant or person making the reference, who is one of the principal parties as defined in section 13 of the Act or is otherwise taking part in the proceedings in accordance with section 14 of the Act or regulation 24(6); and
"summons", in relation to Scotland, corresponds to "citation" and regulation 25 shall be construed accordingly.
General powers of a Commissioner
5. - (1) Subject to the provisions of these Regulations, a Commissioner may adopt any procedure in relation to proceedings before him.
(2) A Commissioner may-
(a) extend or abridge any time limit under these Regulations (including, subject to regulations 9(3) and 13(2), granting an extension where the time limit has expired);
(b) expedite, postpone or adjourn any proceedings.
(3) Subject to paragraph (4), a Commissioner may, on or without the application of a party, strike out any proceedings for want of prosecution or abuse of process.
(4) Before making an order under paragraph (3), the Commissioner shall send notice to the party against whom it is proposed that it should be made giving him an opportunity to make representations why it should not be made.
(5) A Commissioner may, on application by the party concerned, give leave to reinstate any proceedings which have been struck out in accordance with paragraph (3) and, on giving leave, he may give directions as to the conduct of the proceedings.
(6) Nothing in these Regulations shall affect any power which is exercisable apart from these Regulations.
Transfer of proceedings between Commissioners
6.If it becomes impractical or inexpedient for a Commissioner to continue to deal with proceedings which are or have been before him, any other Commissioner may rehear or deal with those proceedings and any related matters.
Delegation of functions to authorised officers
7. - (1) The following functions of Commissioners may be exercised by legally qualified authorised officers, to be known as legal officers to the Commissioners-
(a) giving directions under regulations 8 and 20;
(b) determining requests for or directing hearings under regulation 23;
(c) summoning witnesses, and setting aside a summons made by a legal officer, under regulation 25;
(d) postponing a hearing under regulation 5;
(e) giving leave to withdraw or reinstate applications, appeals or references under regulation 26;
(f) waiving irregularities under regulation 27 in connection with any matter being dealt with by a legal officer;
(g) extending or abridging time, directing expedition, giving notices, striking out and reinstating proceedings under regulation 5.
(2) Any party may, within 14 days of being sent notice of the direction or order of a legal officer, make a written request to a Commissioner asking him to reconsider the matter and confirm or replace the direction or order with his own, but, unless ordered by a Commissioner, a request shall not stop proceedings under the direction or order.
Manner of and time for service of notices, etc.
8. - (1) A notice to or other document for any party shall be deemed duly served if it is-
(a) delivered to him personally; or
(b) properly addressed and sent to him by prepaid post at the address last notified by him for this purpose, or to his ordinary address; or
(c) served in any other manner a Commissioner may direct.
(2) A notice to or other document for a Commissioner shall be delivered or sent to the office.
(3) For the purposes of any time limit, a properly addressed notice or other document sent by prepaid post, fax or email is effective from the date it is sent.
PART IIAPPLICATIONS FOR LEAVE TO APPEAL, APPEALS AND REFERENCESApplication to a Commissioner for leave to appeal 9. - (1) An application to a Commissioner for leave to appeal against the decision of an appeal tribunal may be made only where the applicant has sought to obtain leave from the chairman and leave has been refused or the application has been rejected.
(2) Subject to paragraph (3) an application to a Commissioner shall be made within one month of notice of the refusal or rejection being sent to the applicant by the appeal tribunal.
(3) A Commissioner may for special reasons accept a late application or an application where the applicant failed to seek leave from the chairman within the specified time, but did so on or before the final date.
(4) In paragraph (3) the final date means the end of a period of 13 months from the date on which the decision of the appeal tribunal or, if later, any separate statement of the reasons for it, was sent to the applicant by the appeal tribunal.
Notice of application to a Commissioner for leave to appeal 10. - (1) An application to a Commissioner for leave to appeal shall be made by notice in writing, and shall contain-
(a) the name and address of the applicant;
(b) the grounds on which the applicant intends to rely;
(c) if the application is made late, the grounds for seeking late acceptance; and
(d) an address for sending notices and other documents to the applicant.
(2) The notice in paragraph (1) shall have with it copies of-
(a) the decision against which leave to appeal is sought;
(b) if separate, the written statement of the appeal tribunal's reasons for it; and
(c) the notice of refusal or rejection sent to the applicant by the appeal tribunal.
(3) Where an application for leave to appeal is made by the Secretary of State he shall send each respondent a copy of the notice of application and any documents sent with it when they are sent to the Commissioner.
Determination of application
11. - (1) The office shall send written notice to the applicant and each respondent of the determination of an application for leave to appeal to a Commissioner.
(2) Subject to a direction by a Commissioner, where a Commissioner grants leave to appeal under regulation 9-
(a) notice of appeal shall be deemed to have been sent on the date when notice of the determination is sent to the applicant; and
(b) the notice of application shall be deemed to be a notice of appeal sent under regulation 12.
(3) If a Commissioner grants an application for leave to appeal he may, with the consent of the applicant and each respondent, treat and determine the application as an appeal.
Notice of appeal
12. - (1) Subject to regulation 11(2), an appeal shall be made by notice in writing and shall contain-
(a) the name and address of the appellant;
(b) the date on which the appellant was notified that leave to appeal had been granted;
(c) the grounds on which the appellant intends to rely;
(d) if the appeal is made late, the grounds for seeking late acceptance; and
(e) an address for sending notices and other documents to the appellant.
(2) The notice in paragraph (1) shall have with it copies of-
(a) the notice informing the appellant that leave to appeal has been granted;
(b) the decision against which leave to appeal has been granted; and
(c) if separate, the written statement of the appeal tribunal's reasons for it.
Time limit for appealing after leave obtained
13. - (1) Subject to paragraph (2), a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.
(2) A Commissioner may for special reasons accept a late notice of appeal.
References under the Forfeiture Act 1982
14. - (1) For the purposes of section 4(5) of the Forfeiture Act 1982, the Act shall be prescribed as a relevant enactment.
(2) Where in any case a forfeiture rule question arises, the Secretary of State shall refer it to a Commissioner to determine, and shall notify the person in relation to whom the question arises that he has done so.
(3) The reference shall be made in writing and shall include-
(a) a statement of the question for determination by the Commissioner and the relevant facts;
(b) the grounds upon which the reference is made; and
(c) the address for sending notices and other documents to the Secretary of State and to each respondent.
Further provisions relating to references under the Forfeiture Act 1982
15. - (1) Section 16(7) of the Act (tribunal of Commissioners to deal with cases involving questions of law of special difficulty) shall apply in relation to a forfeiture rule question as it applies in relation to an appeal under the Act.
(2) Sections 9 and 10 of the Act (revision and superseding of decisions) shall apply to a decision on a forfeiture rule question by a Commissioner with the modification that those powers shall be exercisable only by a Commissioner, to whom any application for the purpose shall be made.
Acknowledgement of a notice of appeal or a reference and notification to each respondent
16.The office shall send-
(a) to the appellant or person making the reference, an acknowledgement of the receipt of the notice of appeal or the reference;
(b) to each respondent, a copy of the notice of appeal or the reference.
Notes:[1] 1998 c. 14. Section 84 is an interpretation provision and is cited because of the meaning assigned to the word "prescribe".back
[2] 1982 c. 34. Section 4(2) was amended by S.I. 1984/1818.back
[3] 1992 c. 53.back
[4] S.I. 1987/214.back
[5] S.I. 1992/1121.back
[6] S.I. 1997/955.back
[7] 1992 c. 5.back
[8] S.I. 1995/1801.back
[9] 1982 c. 34. Subsections 4(1A) to 4(1H) of the Forfeiture Act 1982 were inserted by section 76 of the Social Security Act 1986 (c. 50).back
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