§ Mr. FlynnTo ask the Secretary of State for Social Security what is the statutory basis of the statement in leaflet NI 246 that an appellant who has not opted for an oral hearing of a social security appeal within 10 days of being asked to decide has a right to change his or her mind at any time. [11088]
§ Mr. Roger EvansRegulation 22(1) of the adjudication regulations provides for the clerk to direct an appellant to notify him if he wishes an oral hearing of that appeal to be held. Regulation 22(1A) requires the appellant to provide his reply to this direction in writing within 10 days or such other period as the clerk or tribunal chairman may decide. Regulation 22(1B) requires an oral hearing to be held if the appellant has replied in accordance with Regulation 22(1A). Regulation 22(1C) allows the chairman to hold an oral hearing, whether the appellant or any other party to the appeal has so requested or not, if he is satisfied that an oral hearing is necessary to enable the tribunal to reach a decision.
Regulation 22(1A) and 22(1B) therefore provide for an oral hearing in all cases where the appellant has requested one within 10 days. The clerk or the chairman may allow longer than 10 days. No end date is specified by the regulations and I am advised that this period may extend up to the point that the decision on the appeal is issued by the tribunal. Therefore, if an appellant has not elected in the first instance for an oral hearing, or opted to have his appeal heard on the papers, he may still request an oral hearing at any time up to the point that the decision is issued. In those circumstances, the chairman may order an oral hearing.
Departmental leaflets, including the NI 246, are not a complete and authoritative statement of the law. They are written in plain English and are intended to provide sufficient information and advice in language that will be understood by the majority of the population. Some representations have been received about the content and format of the new NI 246, and these will be taken into account before the leaflet is next reprinted. Current plans are for a reprint during April 1997.