PA 20 - Failure of application

Question 1

What is S20

Answer 1

S20 concerns the failure of an application

Question 2

What happens if an application fails to comply with the requirements for grant within the R30 Compliance deadline

Answer 2

S20(1)
Then it is treated as refused

Question 3

Is there an appeal for a refusal because of non-compliance within R30 deadline

Answer 3

S20(1)
Yes, S97 (appeals) applies

Question 4

what happens is an appeal is still pending or the time in which to bring an appeal has not ended by the end of the R30 compliance period

Answer 4

S20(2)
a) if the appeal is pending or is brought within the available time, the court determines an extended R30 period
b) if no appeal is brought, the R30 period the end of the period in which an appeal could have been brought

Question 5

What is the normal period in which you can bring an appeal

Answer 5

28 DAYS from a decision, unless it is on a point of procedure, when it is 14 days

Question 6

Can a R30 deadline be extended

Answer 6

Yes, you can request an EXTENSION of the R30 period of UP TO TWO MONTHS AFTER it has notionally lapsed using R108(2), and further with discretion under R108(3)
BUT this runs concurrently with any extension because you are waiting for the time after a decision to run out