28Claimant may make new application if previous application refused or not determined

28 Claimant may make new application if previous application refused or not determined (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 22(4). (2) In either of those circumstances, the claimant— (a) may withdraw the application, by notice in writing served on the adjudicator or the authorised nominating authority to whom the application was made; and (b) may make a new adjudication application under section 18. S. 28(3) amended by No. 42/2006 s. 27. (3) Despite sections 18(3)(c), 18(3)(d) and 18(3)(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 18. Pt 3 Div. 2A (Heading and ss 28A–28L) inserted by No. 42/2006 s. 28.