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Mesothelioma, etc., Act (Northern Ireland) 2008

Mesothelioma lump sum payments

Section 5: Appeal to appeal tribunal

Section 5 provides that a person who has made a claim for a payment under section 1 will have a right of appeal to an appeal tribunal against a decision made by the Department on the claim, or a decision made following a reconsideration under section 4.

Subsection (2) provides that, subject to regulations under subsection (4)(c), the Department must refer any appeal to an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998.

Subsection (3) provides the tribunal with the power to substitute a decision on matters decided in accordance with this Bill.

Subsection (4) provides that regulations may make provision—

  • as to the manner in which, and the time within which, an appeal may be brought;

  • as to the procedure to be followed if an appeal is made; and

  • for the purposes of enabling an appeal to be treated as an application for a reconsideration under clause 4.

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Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

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