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StatuteSocial Security Act 2018

Section 400 — Social Security Act 2018: Appeal must be begun within 3 months of notification or further allowed period

Text of the provision Official document

400 Appeal must be begun within 3 months of notification or further allowed period (1) An appeal under section 397 , 398 , or 399 must be begun within— (a) 3 months after the date on which the appellant receives notification of— (i) the confirmation or variation (if the appeal is against a decision specified in section 395(a) ); or (ii) the decision (if the appeal is against a decision specified in section 395(b) ); or (b) a further period the appeal authority has under this section allowed. (2) An appellant is treated as receiving notification of the decision in line with regulations made under section 449 if— (a) a decision is made in respect of which an appeal lies to the authority; and (b) notice of the decision is given to the appellant in a way prescribed by those regulations; and (c) the notice is (in the absence of evidence to the contrary) taken to have been received by the appellant as provided by those regulations. (3) The appeal authority may allow a further period within which the appeal must be begun if— (a) the appeal is not to be, or has not been, begun within that 3-month period; and (b) an application is made to it, before or after the end of that 3-month period, to allow a further period; and (c) the appeal authority considers there is good and sufficient reason for the delay. Compare: 1964 No 136 s 12K(1)–(3), (11)

Official source: legislation.govt.nz

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