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The Social Security (Northern Ireland) Order 1998

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This is the original version (as it was originally made).

35.—(1) In paragraph 1(2)(a) of Schedule 4 (proceedings before Child Support Commissioners), for the words “Article 23(3)” there shall be substituted the words “Schedule 4 to the Social Security (Northern Ireland) Order 1998”.

(2) For paragraph 2 of that Schedule there shall be substituted the following paragraph—

Tribunal of Commissioners

2.(1) If it appears to the Chief Child Support Commissioner (or, in the case of his inability to act, to such other of the Child Support Commissioners as he may have nominated to act for the purpose) that—

(a)an application for leave under Article 25(6)(b); or

(b)an appeal,

falling to be heard by one of the Child Support Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any 2 or more of the Child Support Commissioners.

(2) If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided.

(3) Where a direction is given under sub-paragraph (1)(a), Article 25(6)(b) shall have effect as if the reference to a Child Support Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (1)..

(3) In paragraph 3 of that Schedule (finality of decisions), for sub-paragraph (2) there shall be substituted the following sub-paragraph—

(2) If and to the extent that regulations so provide, any finding of fact or other determination which is embodied in or necessary to a decision, or on which a decision is based, shall be conclusive for the purposes of any further decision..

(4) In paragraph 3A of that Schedule (expenses of persons required to attend proceedings), for sub-paragraph (1) there shall be substituted the following sub-paragraph—

(1) The Lord Chancellor may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine..

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