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5.—(1) A person who has made a claim under section 1 may appeal against a determination made by the Department—
(a)on the claim, or
(b)on reconsideration under section 4 of a determination made on the claim.
(2) 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 (NI 10).
(3) On an appeal the tribunal may substitute for the determination concerned any determination which could have been made in accordance with this Act.
(4) Regulations may make provision—
(a)as to the manner in which, and the time within which, an appeal may be made;
(b)as to the procedure to be followed if an appeal is made;
(c)for the purpose of enabling an appeal under subsection (1)(a) to be treated as an application for reconsideration under section 4 of the determination made on the claim.
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