The Health in Pregnancy Grant (Notices, Revisions and Appeals) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/713 |
| Year | 2009 |
2009 No. 713
Social Security
The Health in Pregnancy Grant (Notices, Revisions and Appeals) Regulations 2009
Made 16th March 2009
Laid before Parliament 16th March 2009
Coming into force 6th April 2009
The Commissioners for Her Majesty’s Revenue and Customs, in exercise of the powers conferred by sections 9(1) and (6) and 12(6) and (7), and 79 (2A), (4) and (6) of the Social Security Act 19981; and Articles 10(1), (4) and (6), 10A (8)2, 13(7), and 74(2B), and (5) of the Social Security (Northern Ireland) Order 19983, and section 12A(8) of the Social Security Administration Act 19924make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Health in Pregnancy Grant (Notices, Revisions and Appeals) Regulations 2009 and shall come into force on the 6th April 2009.
(2) In these Regulations—
“the Administration Regulations” means the Health in Pregnancy Grant (Administration) Regulations 20085;
“appeal” means an appeal under section 12 of the 1998 Act or under Article 14 of the 1998 Order;
“appropriate office” means the Health in Pregnancy Grant Office, Waterview Park, Washington, Tyne and Wear, England;
“claimant” means a person who has claimed health in pregnancy grant;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“the Entitlement Regulations” means the Health in Pregnancy Grant (Entitlement and Amount) Regulations 20086;
“health in pregnancy grant decision” means a decision in respect of health in pregnancy grant under either section 8 of the 1998 Act or Article 9 of the 1998 Order;
“month” means calendar month;
“the 1998 Act” means the Social Security Act 1998;
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;
“official error” means an error made by an officer of Her Majesty’s Revenue and Customs acting as such, or a person providing services to the Commissioners; but does not include an error of law which is shown to have been an error by virtue of a subsequent decision of any Tribunal or Court;
“partner” has the meaning under regulation 1(2) of the Administration Regulations;
“Tribunal” means an appeal tribunal constituted under the Tribunals, Courts and Enforcement Act 20077, or, in relation to Northern Ireland, a tribunal constituted under the Northern Ireland Order;
“Tribunal Procedure Rules” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 19998.
Notice of decision and right of appeal
2.—(1) A person with a right of appeal against a health in pregnancy grant decision must—
(a)
(a) be given written notice of the decision;
(b)
(b) be informed that, in a case where that written notice does not include a statement of the reasons for that decision, that person may, within one month of the notification of that decision, request that the Commissioners provide them with a written statement of the reasons for that decision; and
(c)
(c) be given written notice of the right of appeal against that decision.
(2) If the Commissioners are requested under paragraph (1)(b) to provide a written statement of the reasons for the decision, they shall provide the statement within 14 days of notification of the request or as soon as practicable afterwards.
(3) Where—
(a)
(a) any notice or other document is required to be given or sent to the Commissioners, that notice or document shall be treated as having been so given or sent on the day that it is received by the Commissioners; and
(b)
(b) any notice, including notification of a health in pregnancy grant decision, or other document is required to be given or sent to any person other than the Commissioners, that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.
Grounds for revision of decisions
3.—(1) A health in pregnancy grant decision may be revised by the Commissioners on any grounds if—
(a)
(a) the Commissioners commence action leading to the revision within one month of the date of notification of the decision; or
(b)
(b) a request for the revision was received by the Commissioners at an appropriate office—
(i) within one month of the date of notification of the decision; or,
(ii) if a written statement of the reasons for the decision was requested under regulation 2(1)(b), within one month of the date that it is sent.
(2) Paragraph (1)(b) is subject to regulation 5.
(3) Where the decision on health in pregnancy grant arose from official error, or ignorance of, or mistake as to, material fact, it may be revised by the Commissioners at any time. In this case, “decision” includes a revised decision.
Procedure for revision of decisions
4.—(1) The Commissioners may request by notice further evidence or information as regards any revision under regulation 3.
(2) On a request for further evidence or information in relation to a request for revision from a claimant—
(a)
(a) if the claimant provides relevant further evidence or information within one month of the date of notification or such longer period of time as the Commissioners may allow, the decision may be revised;
(b)
(b) if the claimant does not provide such evidence or information within that time, the decision may be revised on the basis of the request for revision.
(3) The date on which a revised decision is to take effect is the date on which the claimant is notified of the revised decision, and regulation 2(3)(b) applies to the notification of the revised decision.
Appeals against decisions which have been revised
5. Where a health in pregnancy grant decision has been appealed and is subsequently revised by the Commissioners, unless the revision resulted in an award of health in pregnancy grant—
(1) the appeal shall be treated as though it had been brought against the decision as revised;
(2) The claimant shall have a period of one month from the date of notification of the decision as revised to make further representations as to the appeal;
(3) After the expiration of the period specified in paragraph (2), or within that period if the claimant consents in writing, the appeal shall proceed unless, in the light of further representations from the claimant, the Commissioners further revise their decision, resulting in an award of health in pregnancy grant.
Late applications for revision of decisions
6.—(1) The Commissioners may extend the time limits specified in regulation 3(1)(b) if—
(a)
(a) an application for an extension of time is made to the Commissioners by the claimant or a person acting on her behalf; and
(b)
(b) the application for the extension of time—
(i) contains particulars of the grounds on which the extension is sought;
(ii) contains sufficient details of the decision which it is sought to have revised so as to enable it to be identified; and
(iii) is made within 12 months of the latest date by which an application should have been received by the Commissioners in accordance with regulation 3(1)(b).
(2) An application for an extension of time shall not be granted unless the Commissioners are satisfied that—
(a)
(a) it is reasonable to grant it; and
(b)
(b) special circumstances apply.
(3) The special circumstances specified in paragraph (2) are that—
(a)
(a) the claimant or her partner or a dependant of the claimant has died or suffered serious illness;
(b)
(b) the claimant is not resident in the United Kingdom; or
(c)
(c) normal postal services were disrupted.
(4) In determining whether it is reasonable to grant an application for an extension...
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