PART 14Decisions, Revisions and Appeals
Modification of the Decisions and Appeals Regulations 1999I141
1
Subject to paragraph (2), the provisions in Chapters II to V of Part V of the Decisions and Appeals Regulations 1999 shall apply, in relation to the procedure to be followed in respect of appeals under Schedule 7 to the 2000 Act, to these Regulations as they apply for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—
a
as if for “the Department”, wherever it occurs, there were substituted “the relevant authority”;
b
as if in regulation 50 after “Article 8(4)” there were inserted “of the 1998 Order”;
c
as if in regulation 53(3) for sub-paragraph (b) there were substituted—
b
the conditions governing appeals to a Commissioner;
d
as if in regulation 55(3) “or, as the case may be, a Child Support Commissioner” were omitted;
e
as if in regulation 56—
i
in paragraph (1) for “or the Child Support Order” there were substituted “of these Regulations”;
ii
paragraph (3) were omitted;
f
as if in regulation 57—
i
in paragraph (1) for “or the Child Support Order” there were substituted “of these Regulations”;
ii
in paragraph (3)—
aa
in sub-paragraph (a)(i) after “regulation 53(3)”;
bb
in sub-paragraph (a)(ii) after “regulation 53(4)”,
iii
there were inserted “of the Decisions and Appeals Regulations 1999 as applied with modifications for the purposes of these Regulations by regulation 41”;
g
as if in regulation 58(1) for “Article 13 or 14” there were substituted “paragraph 6 or 7 of Schedule 7 to the 2000 Act as applied with modifications for the purposes of these Regulations by regulation 40”;
h
as if for regulation 58A there were substituted—
58A
A partner, within the meaning of section 2AA(7) of the Administration Act, may appeal to a Commissioner under paragraph 6 of Schedule 7 to the 2000 Act, as applied with modifications for the purposes of these Regulations by regulation 40, from a decision of an appeal tribunal in respect of a decision that—
a
the partner of a person entitled to rate relief has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or
b
it has not been shown that the partner had good cause for such a failure.
2
Regulations 38A, 41, 42, 44, 45, 52 and 54(13) shall not apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the 2000 Act.