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The Social Security (Northern Ireland) Order 1998

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The Social Security (Northern Ireland) Order 1998, Section 28 is up to date with all changes known to be in force on or before 14 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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Correction of errors and setting aside of decisionsF17N.I.

F128 .F2F3(1) Regulations may make provision with respect to—

(a)the correction of accidental errors in any decision or record of a decision made under any relevant statutory provision; and

(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative or was not received at an appropriate time by the person who gave the decision; or

(ii)a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.

[F4(1A )F5 In paragraph (1) “decision” does not include any decision made by an officer of the Inland Revenue, other than a decision under or by virtue of Part III of the Pension Schemes (Northern Ireland) Act 1993.]

(2) Nothing in paragraph (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that paragraph.

(3 )F5 In this Article “relevant statutory provision” means any statutory provision contained in—

(a)this Chapter;

(b)the Contributions and Benefits Act;

(c)the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993;

(d)the Jobseekers Order;F6. . .

(e)the Recovery of Benefits Order[F7; F8. . . ]

[F7(f)the State Pension Credit Act (Northern Ireland) 2002][F9;F10...

(g)Part 1 of the Welfare Reform Act (Northern Ireland) 2007.]

[F11(h)Part 2 of the Welfare Reform (Northern Ireland) Order 2015.][F12 or

(i)Part 5 of that Order.] [F13F14...

(j)Part1 of the Pensions Act (Northern Ireland) 2015 [F15 or section 29 of that Act] .][F16 or

(k)Articles 13 to 16 of the Welfare Reform and Work (Northern Ireland) Order 2016.]

F1mod. by SR 1999/349, 350

F2temp. mod. by SI 2002/2926

F3prosp. in pt. certain functions transf. by 2002 c. 21

F4SI 1999/671

F5mod. by SI 2005/191

F9Art. 28(3)(g) and preceding word added (1.7.2008 for certain purposes, otherwise 27.7.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 10(6); S.R. 2008/276, art. 2(2)(a)

F13Art. 28(3)(j) and word inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 32

Modifications etc. (not altering text)

C1Art. 28 applied (with modifications) (30.11.2016) by The Childcare Payments (Appeals) Regulations 2016 (S.I. 2016/1078), regs. 1, 6

F17functions transf. by SR 1999/481

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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