Mother and Baby Institutions Payment Scheme Act 2023
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Statute of Limitations | ||
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33. (1) This section applies where, an application having been made under section 19 , the applicant— | ||
(a) withdraws, in accordance with section 40 (1), the application, | ||
(b) is deemed, under section 40 (5), to have withdrawn his or her application, | ||
(c) is the subject of a determination under section 25 , a decision under section 27 or a determination under section 29 to the effect that he or she is not entitled to a general payment or work-related payment, and does not, within the period specified in section 27 (1), 29 (1) or 30 (1), as the case may be, seek a review or appeal of the decision or determination concerned, or | ||
(d) rejects, in accordance with section 31 (4), or is deemed under section 31 (5) to have rejected, an offer. | ||
(2) Where this section applies, in any proceedings taken by or on behalf of the applicant concerned arising out of the circumstances to which the application concerned related, a public body or any other person who is a party to the proceedings, shall not rely for the purposes of the Statute of Limitations on the period between— | ||
(a) the date on which the application concerned is received by the Chief Deciding Officer, and | ||
(b) the date on which, as the case may be— | ||
(i) the applicant withdraws his or her application, is deemed under section 40 (5) to have withdrawn his or her application or rejects, or is deemed to have rejected, the offer, or | ||
(ii) the period referred to in subsection (1)(c) expires. | ||
(3) Where consideration under this Act of an application, review or appeal is resumed pursuant to a direction under section 40 (7), this section shall apply in respect of the period following such resumption, subject to the following modifications and any other necessary modifications: | ||
(a) the reference in subsection (1) to an application having been made under section 19 shall be construed as a reference to the consideration of the application, review or appeal having been so resumed; and | ||
(b) the reference in subsection (2)(a) to the date on which the applicant’s application under section 19 is received by the Chief Deciding Officer shall be construed as a reference to the date on which consideration of the application, review or appeal is, pursuant to the direction, resumed. |