[F13.—(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,
(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.
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