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SCHEDULES

[F1F2SCHEDULE 4CN.I.DECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS, ETC.

F2prosp. in pt. rep. by 2000 c. 4 (NI)

Appeals to appeal tribunalsN.I.

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

(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 [F3maintenance assessment] [F4maintenance 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 [F5absent parent] [F6non-resident parent] , with respect to whom the current [F7assessment] [F8calculation] was made.]