THE CHILD SUPPORT COMMISSIONERS

Commissioner’s Case No.:CCS/2884/2003

CHILD SUPPORT COMMISSIONERS (PROCEDURE) REGULATIONS 1999

Name:	
Tribunal:	Derby Becket Street
Tribunal Date:	5 March 2002
Tribunal Register No:	

NOTICE OF DETERMINATION ON
APPLICATION FOR LEAVE TO APPEAL

I refuse the request for an oral hearing of the application for leave to appeal as I am satisfied the application can be properly determined without a hearing.

Following the submissions on behalf of the Secretary of State, I accept that regulation 57(A)(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 cannot apply in this case to extend the 13 month absolute time limit on making an application for leave to appeal to the Commissioner from the decision of a tribunal which is imposed by regulation 11(3) of the Child Support Commissioners (Procedure) Regulations 1999.  

Regulation 57A was inserted by a statutory instrument approved only by the Secretary of State and under section 24(7) of the Child Support Act 1991.  It is for the Lord Chancellor, and not the Secretary of State to make regulations in respect of applications for leave to appeal to a Child Support Commissioner.  Regulation 57A is accordingly ultra vires so far as child support legislation is concerned.

It follows that I cannot accept the application for leave to appeal in this case as it was made after the final date for such applications permitted by regulation 11(3) of the Child Support Commissioners (Procedure) Regulations 1999.

	 (Signed)		E A JUPP
		Commissioner

		4 March 2004