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The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 No. 1002

Time within which an appeal is to be brought

18.—(1) Subject to the following paragraphs and regulation 19, an appeal which lies from a relevant decision must be brought within one month of the date of notification of that decision.

(2) For the purposes of calculating the period in paragraph (1), where a written statement is requested under regulation 10, no account shall be taken of any period beginning with the day on which the relevant authority received the request for a statement and ending with the day on which that statement was provided to that person.

(3) Where the relevant authority—

(a)revises a decision under paragraph 3 of Schedule 7 to the Act;

(b)following an application for a revision under regulation 4, does not revise; or

(c)supersedes a decision under paragraph 4 of Schedule 7 to the Act,

subject to paragraph (2), the period of one month shall begin to run from the date of notification of that revision or supersession, or following an application for a revision, the date the authority issues a notice that it is not revising the decision.

(4) Where a dispute arises as to whether an appeal was brought within the time limit specified in this regulation, the dispute shall be referred to, and be determined by, a legally qualified panel member.

(5) The time limit specified in this regulation for bringing an appeal may be extended in accordance with regulation 19.

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