SCHEDULES

F7F8SCHEDULE 4CDECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS, ETC.

Annotations:
Amendments (Textual)
F8

prosp. in pt. rep. by 2000 c. 4 (NI)

Appeals to appeal tribunals

3

1

Subject to sub-paragraphs (2) and (3), Article 22 shall apply—

a

in relation to a qualifying person who is aggrieved by any decision of the Department with respect to a departure direction; and

b

in relation to any person who is aggrieved by a decision of the Department—

i

with respect to a reduced benefit direction; or

ii

with respect to a person's liability under Article 40,

as it applies in relation to a person whose application for a [F1maintenance assessment] F2maintenance calculation is refused or to such a person as is mentioned in paragraph (2) of Article 22.

2

On an appeal under Article 22 as extended by sub-paragraph (1)(a), the appeal tribunal shall—

a

consider the matter—

i

as if it were exercising the powers of the Department in relation to the application in question; and

ii

as if it were subject to the duties imposed on the Department in relation to that application;

b

have regard to any representations made to it by the Department; and

c

confirm the decision or replace it with such decision as the tribunal considers appropriate.

3

No appeal shall lie under Article 22 as extended by sub-paragraph (1)(b)(i) unless the amount of the person's benefit is reduced in accordance with the reduced benefit direction; and the time within which such an appeal may be brought shall run from the date of the notification of the reduction.

4

In sub-paragraph (1) “qualifying person” means the person with care, or [F3absent parent] F4non-resident parent , with respect to whom the current [F5assessment] F6calculation was made.