Statutory Instruments
2001 No. 1032
PENSIONS
The Pensions Appeal Tribunals (Late Appeals) Regulations 2001
Made
15th March 2001
Coming into force
9th April 2001
Whereas a draft of this Instrument was laid before Parliament in accordance with section 8(6) of the Pensions Appeal Tribunals Act 1943( 1 ) and approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred on him by section 8(5) of that Act, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992( 2 ), hereby makes the following Regulations:
Citation, commencement and interpretation
1. These Regulations may be cited as the Pensions Appeal Tribunals (Late Appeals) Regulations 2001, and shall come into force on 9th April 2001.
Interpretation
2. In these Regulations—
“the Act” means the Pensions Appeal Tribunals Act 1943;
“appeal” means an appeal under the Act to a Tribunal against a decision of the Secretary of State ...;
“commencement date” means 9th April 2001;
“time limit” means the relevant time limit for the bringing of an appeal specified in, or pursuant to, section 8 of the Act; and
“Tribunal” means a Pensions AppealTribunal constituted pursuant to paragraph 1 of the Schedule to the Act.
Provision for late appeals
3. The Tribunal may, in the circumstances prescribed in regulation 4, allow an appeal to be brought not later than twelve months after the expiry of the time limit.
(1) Subject to paragraph (2), where an appeal is not brought within the time limit, it will be treated as having been brought in time if the Secretary of State does not object.
(2) No appeal may be brought more than twelve months after the expiry of the time limit.
(3) Where the Secretary of State objects to an appeal being treated as having been brought in time, the Tribunal may allow that appeal to be brought not later than twelve months after the expiry of the time limit if it is satisfied that it is in the interests of justice to do so.
Prescribed circumstances
4. The prescribed circumstances are as follows:
(a) where the main cause of non-compliance with the time limit was—
(i) the death or serious illness of the claimant or a spouse or dependant of the claimant;
(ii) the disruption of normal postal services;
(iii) failure on the part of the Secretary of State to notify the claimant of the decision; or
(iv) exceptional circumstances applying to the claimant which rendered it impracticable for the claimant to bring the appeal or to instruct another person to bring it;
and
(b) the appeal was in any event brought as soon as was reasonably practicable in the circumstances of the case.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
15th March 2001
1943 c. 39 . Section 8(1) was amended, sections 8(5) and (6) were inserted, and the Schedule was amended, by sections 58 and 60 respectively of the Child Support, Pensions and Social Security Act 2000 (c. 19) .