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The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997

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This is the original version (as it was originally made).

Appeals against certificates of recoverable benefits

13.—(1) An appeal against a certificate of recoverable benefits may be made on the ground—

(a)that any amount, rate or period specified in the certificate is incorrect, or

(b)that listed benefits which have been, or are likely to be, paid otherwise than in respect of the accident, injury or disease in question have been brought into account.

(2) An appeal under this Article may be made by—

(a)the person who applied for the certificate of recoverable benefits, or

(b)(in a case where the amount of the compensation payment has been calculated under Article 10) the injured person or other person to whom the payment is made.

(3) No appeal may be made under this Article until—

(a)the claim giving rise to the compensation payment has been finally disposed of, and

(b)the liability under Article 8 has been discharged.

(4) For the purposes of paragraph (3)(a), if an award of damages in respect of a claim has been made under or by virtue of paragraph 10(2)(a) of Schedule 6 to the [1982 c. 53.] Administration of Justice Act 1982, (orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.

(5) Regulations may make provision—

(a)as to the manner in which, and the time within which, appeals under this Article may be made,

(b)as to the procedure to be followed where such an appeal is made, and

(c)for the purpose of enabling any such appeal to be treated as an application for review under Article 12.

(6) Regulations under paragraph (5)(c) may (among other things) provide that the circumstances in which a review may be carried out are not to be restricted to those specified in Article 12(1).

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