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The Social Security (Introduction of Disability Living Allowance) Regulations (Northern Ireland) 1992

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Appeals to Commissioners from decisions of the Board

23.—(1) This regulation applies where—

(a)a person has appealed to the Commissioner against a determination of the Board under section 106(2)(1); and

(b)the Commissioner determines the appeal on or after 16th March 1992.

(2) Where the Commissioner holds that the Board’s decision was erroneous in point of law, he shall set it aside and—

(a)he shall have the power—

(i)to give the decision which he considers the Board should have given, if he can do so without making fresh or further findings of fact, or

(ii)if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; or

(b)in any other case he shall refer the decision for second tier adjudication with directions for its determination.

(3) Where, in accordance with paragraph (2)(a), the Commissioner gives the decision himself, he shall refer that decision to an adjudication officer with directions to determine the claim or application for review from which the appeal to the Commissioner arose.

(1)

Section 106(2) was substituted by paragraph 8 of Schedule 3 to the Social Security (Northern Ireland) Order 1989

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