F2prosp. in pt. rep. by 2000 c. 4 (NI)
6.—(1) Subject to sub-paragraph (2), Article 28ZC shall also apply where—N.I.
(a)the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court ( “the relevant determination”) is that the adjudicating authority's decision out of which the appeal arose was erroneous in point of law; and
(b)after the date of the relevant determination a decision falls to be made by the Department in accordance with that determination (or would, apart from this paragraph, fall to be so made)—
(i)in relation to an application for a departure direction (made after the commencement date);
(ii)as to whether to revise, under Article 18 as extended by paragraph 1, a decision (made after the commencement date) in relation to a departure direction, a reduced benefit direction or a person's liability under Article 40; or
(iii)on an application made under Article 19 as extended by paragraph 2 before the date of the relevant determination (but after the commencement date) for a decision in relation to a departure direction, a reduced benefit direction or a person's liability under Article 40 to be superseded.
(2) Article 28ZC shall not apply where the decision of the Department mentioned in sub-paragraph (1)(b)—
(a)is one which, but for Article 28ZA(2)(a) as it applies by virtue of paragraph 4(1), would have been made before the date of the relevant determination; or
(b)is one made in pursuance of Article 28ZB(3) or (5) as it applies by virtue of paragraph 5(1).
(3) Article 28ZC as it applies by virtue of sub-paragraph (1) shall have effect as if in paragraph (4), in the definition of “adjudicating authority”, at the end there were added the words “ or, in the case of a decision made on a referral under Article 28D(1)(b), an appeal tribunal ”.
(4) In this paragraph “adjudicating authority”, “the commencement date” and “the court” have the same meanings as in Article 28ZC.]