[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.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.