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STATUTORY RULES OF NORTHERN IRELAND
2007 No. 146
SOCIAL SECURITY
The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 2007
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Made |
7th March 2007 | |
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To be laid before Parliament |
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Coming into operation |
31st March 2007 | |
The Lord Chancellor, in exercise of the powers conferred by the provisions set out in the Schedule to these Regulations makes the following Regulations.
Citation, commencement and duration
1.
—(1) These Regulations may be cited as the Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 31st March 2007.
(2) Regulation 4 of these Regulations shall cease to have effect on such day as is appointed by order made under section 63(1) of the Tax Credits Act 2002[1] (Tax credit appeals etc: temporary modifications).
Amendments to the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999[2]
2.
—(1) The Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 shall be amended in accordance with this regulation.
(2) In the Arrangement of Regulations after the entry for regulation 8 insert—
(3) In regulation 4 (Interpretation)—
(a) at the beginning insert "– (1)";
(b) after the definition of "the Order" insert—
"
"the 2000 Act" means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;";
(c) after the definition of "authorised officer" insert—
"
"the Board" means the Commissioners for Her Majesty's Revenue and Customs;";
(d) in the definition of "the chairman", in paragraph (ii) after "Article 15 of the Order" insert "or paragraph 8 of Schedule 7 to the 2000 Act;";
(e) after the definition of "the chairman" insert—
"
"child benefit" means child benefit under Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[3];";
(f) for the definition of "the Department" substitute—
"
"the Department" means the Department for Social Development in Northern Ireland;";
(g) after the definition of "forfeiture rule question" insert—
"
"funding notice" means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;";
"guardian's allowance" means guardian's allowance under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;";
(h) after the definition of "legally qualified" insert—
"
"live television link" means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);";
(i) after the definition of "month" insert—
"
"Northern Ireland Legal Services Commission" means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003[4];";
(j) after the definition of "party" insert—
"
"person affected" means, subject to paragraph (2), a person who is a person affected under regulation 3 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[5] provided that he is an appellant against the appeal tribunal's decision or was a party to the appeal tribunal proceedings;";
(k) after the definition of "proceedings" insert—
"
"relevant authority" has the same meaning as in paragraph 1(1) of Schedule 7 to the 2000 Act;";
(l) for the definition of "respondent" substitute—
"
(2) For the purpose of paragraph 8(2)(c) of Schedule 7 to the 2000 Act "person affected" shall be construed in accordance with regulation 3 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 and for the purpose of paragraph 8(3) of Schedule 7 to the 2000 Act "person affected" shall have the meaning given in paragraph (1).".
(4) In regulation 8 (Manner of and time for service of notices, etc)—
(a) delivered to the office in person;
(b) sent to the office by prepaid post;
(c) sent to the office by fax; or
(d) where the office has given written permission in advance, sent to the office by e-mail.".
(5) After regulation 8 insert—
"
Legal Aid
8A.
If a party is granted assistance by way of representation or legal aid, at any time, he shall—
(a) where funding is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and
(b) notify every other party that it has been granted.".
(6) In regulation 10 (Notice of application to a Commissioner for leave to appeal), in paragraph (3) for "by the Department, the Department" substitute "by the Department, a relevant authority or the Board, the applicant".
(7) In regulation 14 (References under the Forfeiture (Northern Ireland) Order 1982)—
(a) for paragraph (2) substitute—
"
(2) Where a forfeiture rule question arises,
(a) the relevant authority, in cases concerning housing benefit;
(b) the Board in cases concerning child benefit or guardian's allowance; or
(c) the Department in any other case,
shall refer that question to a Commissioner to determine, and shall notify the person in relation to whom the question arises that such a reference has been made."; and
(b) in paragraph (3)—
(i) for "The reference shall" substitute "A reference under this regulation or under regulation 15(2) shall"; and
(ii) in sub-paragraph (c) after "the Department" insert “or the relevant authority or the Board'“.
(8) In regulation 15 (Further provisions relating to references under the Forfeiture (Northern Ireland) Order 1982)—
"
(2) Where the party who referred the forfeiture rule question to a Commissioner under regulation 14(2)—
(a) considers that the decision should be superseded; or
(b) has received a written application for supersession from the person in relation to whom the decision was made,
that party shall refer the decision to a Commissioner to determine whether it should be superseded, and shall notify the person to whom the forfeiture rule question relates that the reference has been made.
(3) A Commissioner may supersede any decision on a forfeiture rule question, whether as originally made or as superseded, if—
(a) the decision was erroneous in point of law;
(b) the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
(c) there has been a relevant change in circumstances since the decision was made.
(4) A determination by a Commissioner under this regulation shall take effect from the date on which it is made, or from such other date as a Commissioner may direct.".
(9) In regulation 18 (Respondent's written observations), after paragraph (3) insert—
"
(4) Where there is more than one respondent, the order of, and time for, written observations shall be as directed by a Commissioner under regulation 20.".
(10) In regulation 19 (Written observations in reply), in paragraph (3)—
(a) omit "from the respondent"; and
(b) after "Article 15(7) of the Order", insert "or paragraph 8(3) of Schedule 7 to the 2000 Act".
(11) In regulation 24 (Hearings)—
"
(6A) Subject to the direction of a Commissioner—
(a) any person or organisation entitled to be present and be heard at a hearing; and
(b) any representative of such a person or organisation,
may be present by means of a live television link.
(6B) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.".
(12) In regulation 28 (Determinations and decisions of a Commissioner), in paragraph (2) after "Article 15(7) of the Order" insert "or paragraph 8(3) of Schedule 7 to the 2000 Act".
(13) In regulation 29 (Procedure after determination of a forfeiture rule question) after "the Department" insert "the relevant authority or the Board".
(14) In regulation 31 (Setting aside decisions on certain grounds), in paragraph (1)—
(a) at the end of sub-paragraph (b) omit "or"; and
(b) omit sub-paragraph (c).
(15) In regulation 32 (Provisions common to regulations 31 and 32), in paragraph (1) after "Article 15(7) of the Order" insert "or paragraph 8(3) of Schedule 7 to the 2000 Act".
(16) In regulation 33 (Application to a Commissioner for leave to appeal to the Appellate Court)—
(a) in paragraph (1) after "section 22 of the Administration Act" insert "or paragraph 9 of Schedule 7 to the 2000 Act";
(b) for paragraph (2) substitute—
"
(2) Where—
(a) any decision or record of a decision is corrected under regulation 30; or
(b) an application for a decision to be set aside under regulation 31 is refused for reasons other than that the application was made outside the period specified in regulation 31(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.";
"
(4) A person in respect of whom a forfeiture rule question arises and
(a) the relevant authority in cases concerning housing benefit;
(b) the Board in cases concerning child benefit or guardians allowance; or
(c) the Department in any other case,
shall be authorised to apply for leave to appeal from a Commissioner's decision on a forfeiture rule question.".
Amendments to the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999[8]
3.
—(1) The Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999 shall be amended in accordance with this regulation.
(2) In the Arrangement of Regulations after regulation 9 insert—
(3) In regulation 4 (Interpretation)—
(a) after the definition of "the Order" insert—
"
"the 1999 Regulations" means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[9];";
"
"funding notice" means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;";
(d) after the definition of "legally qualified" insert—
"
"live television link" means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);";
(e) after the definition of "month" insert—
"
"Northern Ireland Legal Services Commission" means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003;";
(f) after the definition of "office" insert—
"
"panel member" means a person appointed to the panel constituted under Article 7 of the Social Security (Northern Ireland) Order 1998 and who is a barrister or solicitor.".
(4) In regulation 8 (Manner of and time for service of notices, etc.)—
(a) delivered to the office in person;
(b) sent to the office by pre-paid post;
(c) sent to the office by fax; or
(d) where the office has give written permission in advance, sent to the office by e-mail.".
(5) After regulation 9 insert—
"
Legal Aid
9A.
If a party is granted assistance by way of representation or legal aid, at any time, he shall—
(a) where it is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and
(b) notify every other party that it has been granted.".
(6) In regulation 10 (Application to a Chairman for leave to appeal)—
(a) in paragraph (1) for "An application" substitute "Subject to paragraphs (5) and (7), an application";
(b) for paragraph (6) substitute—
"
(7) Where—
(a) any decision or the record of a decision is corrected under regulation 56 of the 1999 Regulations; or
(b) an application for a decision to be set aside under regulation 57 of the 1999 Regulations is refused for reasons other than that the application was made outside the period specified in regulation 57(3) of those Regulations,
any time limit specified by this regulation shall run from the date on which notice of the correction or refusal was sent or given to the applicant.".
(7) In regulation 22 (Hearings), after paragraph (6) insert—
"
(6A) Subject to the direction of a Commissioner—
(a) any person or organisation entitled to be present and be heard at a hearing; and
(b) any representative of such a person or organisation,
may be present by means of a live television link.
(6B) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.".
(8) In regulation 26 (Determinations and decisions of a Commissioner), in paragraph (5) before "any other information" insert "so far as practicable,".
(9) In regulation 28 (Setting aside decisions on certain grounds), in paragraph (1)—
(a) at the end of sub-paragraph (b) omit "or"; and
(b) omit sub-paragraph (c).
(10) In regulation 30 (Application to a Commissioner for leave to appeal to the Court of Appeal), for paragraph (2) substitute—
"
(2) Where—
(a) any decision or record of any decision is corrected under regulation 27; or
(b) an application for a decision to be set aside under regulation 28 is refused for reasons other than that the application was made outside the period specified in regulation 28(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.".
Amendments to the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003[10]
4.
—(1) The Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003 shall be amended in accordance with this regulation.
(2) In the Arrangement of Regulations—
(a) after the entry for regulation 6 insert—
(b) before the entry for regulation 7 insert—
"
6B.
Application of this Part"; and
(c) in the entry for regulation 11 omit "after leave obtained".
(3) In regulation 2 (Interpretation)—
(a) after the definition of "chairman" insert—
"
"funding notice" means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;";
(b) after the definition of "legally qualified" insert—
"
"live television link" means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);"; and
(c) after the definition of "month" insert—
"
"Northern Ireland Legal Services Commission" means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003;".
(4) In regulation 6 (Manner of and time for service of notices, etc.)—
(a) delivered to the office in person;
(b) sent to the office by pre-paid post;
(c) sent to the office by fax; or
(d) where the office has given written permission in advance, sent to the office by e-mail.".
(5) After regulation 6 insert—
"
Legal Aid
6A.
If a party is granted assistance by way of representation or legal aid, at any time, he shall—
(a) where it is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and
(b) notify every other party that it has been granted.".
(6) In Part II (Applications for leave to appeal and appeals), before regulation 7 insert—
"
Application of this Part
6B.
In this Part—
(a) regulations 7, 8 and 9 apply to appeals other than an appeal against a determination in penalty proceedings;
(b) regulations 10, 11 and 12 apply to all appeals.".
(7) In regulation 10 (Notice of appeal), in paragraph (1)(b) before "the date" insert "where applicable,".
(8) For regulation 11 substitute—
"
Time limit for appealing
11.
—(1) In the case of an appeal against a determination in penalty proceedings, the notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the decision of the appeal tribunal being sent to the applicant.
(2) For all other appeals, 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.
(3) A Commissioner may for special reasons accept late notice of appeal.".
(9) In regulation 19 (Hearing), after paragraph (6) insert—
(10) In regulation 27 (Application to a Commissioner for leave to appeal to the Appellate Court), for paragraph (2) substitute—
"
(2) Where—
(a) any decision or record of a decision is corrected under regulation 24; or
(b) an application for a decision to be set aside under regulation 25 is refused for reasons other than that the application was made outside the period specified in regulation 25(2),
the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.".
Amendments to the Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern Ireland) 2005[11]
5.
—(1) The Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern Ireland) 2005 shall be amended in accordance with this regulation.
(2) In the Arrangement of Regulations for the entry relating to relating to regulation 7 substitute—
(3) In regulation 2 (Interpretation) for the definition of "funding notice" substitute–
"
"funding notice" means the approval letter or civil aid certificate from the Northern Ireland Legal Services Commission confirming that assistance by way of representation (ABWOR) or legal aid has been granted;".
(4) For regulation 7 substitute—
"
Legal Aid
7.
If a party is granted assistance by way of representation or legal aid, at any time, he shall—
(a) where it is granted by the Northern Ireland Legal Services Commission, send a copy of the funding notice to the office; and
(b) notify every other party that it has been granted.".
(5) In regulation 10 (Notice of application to a Commissioner for leave to appeal), in paragraph (2) for "copies" substitute "a copy".
(6) In regulation 12 (Notice of appeal), in paragraph (2) for "copies" substitute "a copy".
(7) In regulation 26 (Correction of accidental errors in decisions), in paragraph (1) for "Subject to regulations 4 and 28," substitute "Subject to regulation 4,".
(8) In regulation 27 (Setting aside decisions on certain grounds), in paragraph (1) for "Subject to regulations 4 and 28," substitute "Subject to regulation 4,".
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State Department for Constitutional Affairs
Dated 7th March 2007
SCHEDULE
PROVISIONS CONFERRING POWERS EXERCISED IN THE MAKING OF THESE REGULATIONS
Article 6(2) of the Forfeiture (Northern Ireland) Order 1982[12].
Articles 25(6) and (7) and 26(5) of and paragraphs 1(1) and 1A of Schedule 4 to the Child Support (Northern Ireland) Order 1991[13].
Sections 22(3) and (6) and 165(2) of the Social Security Administration (Northern Ireland) Act 1992[14].
Articles 2, 15(11) and (13), 16(1) and 74(2) and (5) of and paragraphs (1) and (3) to (5) of Schedule 4 to the Social Security (Northern Ireland) Order 1998[15].
Paragraphs 8(8), 9(3), 10(1), (2) and (3), 19(1) and (3), 20(1) and (3) and 23(1) and (2) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[16].
Articles 15(11) and (13) of, and paragraphs (1) and (4) of Schedule 4 to the Social Security (Northern Ireland) Order 1998 as applied and modified by the Tax Credits (Appeals) Regulations 2002[17].
Article 15(11) of and paragraph (1) of Schedule 4 to the Social Security (Northern Ireland) Order 1998 as applied and modified by the Child Trust Funds (Non-tax Appeals) Regulations 2005[18].
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 225), the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 226) and the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 18) to provide:
• for service of documents by e-mail [Regulations 2(4)(b), 3(4)(b) and 4(4)(b)];
• for notice to be given where a party receives funding of legal services [Regulations 2(5), 3(5) and 4(5)];
• for people, organisations or their representatives to be present at a hearing by means of a live television link [Regulation 2(11)(b), 3(7), 4(10)]; and
• that, where a refusal to set aside a decision is due to the application to set aside being out of time, the time during which an appeal must be made is not affected [Regulations 2(16)(b), 3(10) and 4(11)].
Regulation 2 also amends the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 to:
• take account of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4) which makes provision for appeals against decisions made in connection with claims for housing benefit;
• take account of the Tax Credits Act 2002;
• make express provision for the supersession of decisions on forfeiture; and
• remove a reference to benefits which are no longer appealed through the Social Security Commissioners (i.e. cases concerning statutory sick pay and statutory maternity pay).
Regulation 3 also amends the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999 to:
• prescribe other people, in addition to an appeal chairman, who may grant leave to appeal to the Child Support Commissioners; and
• provide that the time for applying to a chairman for leave to appeal to the Child Support Commissioners does not take account of any time before an error was corrected or before a decision not to set aside (unless because the application to set aside was made out of time).
Regulation 4 also amends the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003 to:
• clarify which provisions in Part II (Applications for leave to appeal and appeals) apply to penalty proceedings;
• provide that details concerning leave to appeal are only included in the notice of appeal where applicable, i.e. in all cases apart from those involving penalty proceedings; and
• to provide for time limits within which an appellant must commence the appeal.
Regulation 5 makes minor amendments to the Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 164).
Notes:
[1]
2002 (c. 21)back
[2]
S.R. 1999 No. 225back
[3]
1992 c.7; to which relevant amendments have been made by sections 49 and 50 of the Tax Credits Act 2002 c.21.back
[4]
S.I. 2003/ 435 (N.I.10).back
[5]
S.R. 2001 No. 213.back
[6]
S.R. 2006 No. 405.back
[7]
S.R. 2006 No. 406back
[8]
S.R. 1999 No. 226.back
[9]
S.R. 1999 No. 162.back
[10]
S.R. 2003 No. 18.back
[11]
S.R. 2005 No. 164.back
[12]
S.I. 1982/1082 (N.I. 14); Article 6 was amended by the Social Security Act 1986 (1986 c.50), the Social Security (Northern Ireland) Order 1986/1888 (N.I. 18), the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (1992 c. 9) and the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10).back
[13]
S.I. 1991/2628 (N.I. 23 ); Article 25(6) was amended by the Social Security (Northern Ireland) Order 1998.back
[14]
1992 c.8; section 22(3((c) has ceased to have effect by virtue of the Social Security (Northern Ireland) Order 1998.back
[15]
S.I. 1998/1506 (N.I.10); Article 2 is an interpretation provision and is cited because of the meaning assigned to the word "prescribe".back
[16]
2000 (c.4); paragraph 23(1) is an interpretation provision and is cited because of the meaning assigned to the word "prescribed".back
[17]
S.I. 2002/2926.back
[18]
S.I. 2005/191.back
ISBN
978 0 337 96915 7
| © Crown copyright 2007 |
Prepared
15 March 2007
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