26Claimant may make new application in certain circumstances

#### 26 Claimant may make new application in certain circumstances 26 Claimant may make new application in certain circumstances > > (1) This section applies if— > > > > > (a) a claimant fails to receive an adjudicator’s notice of acceptance of an adjudication application within 4 business days after the application is made, or > > > > > (b) an adjudicator who accepts an adjudication application fails to determine the application within the time allowed by section 21(3). > > > (2) In either of those circumstances, the claimant— > > > > > (a) may withdraw the application, by notice in writing served on the adjudicator or authorised nominating authority to whom the application was made, and > > > > > (b) may make a new adjudication application under section 17. > > > (3) Despite section 17(3)(c), (d) and (e), a new adjudication application may be made at any time within 5 business days after the claimant becomes entitled to withdraw the previous adjudication application under subsection (2). > > > (4) This Division applies to a new application referred to in this section in the same way as it applies to an application under section 17. > > **s 26:** Am 2002 No 133, Sch 1 \[39\].