The Pensions (Northern Ireland) Order 1995

Decisions of Compensation Board

Review of Compensation Board’s decisions

78.—(1) Subject to paragraphs (2) to (4), any determination by the Compensation Board of a question which it is within their functions to determine shall be final.

(2) The Compensation Board may on the application of a person appearing to them to be interested—

(a)at any time review any such determination of theirs as is mentioned in paragraph (1) (including a determination given by them on a previous review), if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or based on a mistake as to a material fact or was erroneous in point of law, and

(b)at any time within a period of three months from the date of the determination, or within such longer period as they may allow in any particular case, review such a determination on any ground.

(3) The Compensation Board’s powers on a review under this Article include power—

(a)to vary or revoke any determination previously made,

(b)to substitute a different determination, and

(c)generally to deal with the matters arising on the review as if they had arisen on the original determination;

and also include power to make savings and transitional provisions.

(4) Nothing in section 80(4) of the Pensions Act 1995(1) shall be taken to prevent a review under this Article being entered upon by the Compensation Board without an application being made.