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The Social Security (Northern Ireland) Order 1998

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Appeals to CommissionersN.I.

4.  (1)  In relation to any time before the coming into operation of Article 15(7), section 21 of the Administration Act (appeal from social security appeal tribunal to Commissioner) shall have effect as if—N.I.

(a)after subsection (6) there were inserted the following subsection—

(6A) If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to a tribunal with directions for its determination.

In this subsection “principal parties” means—

(a)in a case relating to statutory sick pay or statutory maternity pay, the persons mentioned in subsection (2)(a), (b) and (c) above;

(b)in any other case—

(i)the persons mentioned in subsection (3)(a) and (b) above; and

(ii)where applicable, the person mentioned in subsection (3)(d) above and such a person as is first mentioned in subsection (4) above. ; and

(b)in subsection (8), for the words “subsection (7)(b) above” there were substituted the words “subsection (6A) or (7)(b) above”.

(2) In relation to any such time, section 32 of that Act (appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners), shall have effect as if, in subsection (4), for the words “(7) to (10) of section 21” there were substituted the words “(6A) to (10) of section 21”.

(3) In relation to any such time, section 46 of that Act (appeal etc. on question of law to Commissioner) shall have effect as if—

(a)after subsection (4) there were inserted the following subsection—

(4A) If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to a medical appeal tribunal with directions for its determination.

In this subsection “principal parties” means the persons mentioned in subsection (1)(a) and (b) above and the Department. ; and

(b)in subsection (6), for the words “subsection (5) above” there were substituted the words “subsection (4A) or (5) above”.

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