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The Social Security (Adjudication) Regulations (Northern Ireland) 1995

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Withdrawal of applications, appeals and references

6.—(1) A person who has made an application to the chairman of the tribunal for leave to appeal to a Commissioner against a decision of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal may withdraw his application at any time before it is determined by giving written notice of intention to withdraw to the chairman.

(2) Any appeal to an adjudicating authority made under the Administration Act or these Regulations may be withdrawn by the person who made the appeal—

(a)before the hearing begins by giving written notice of intention to withdraw to the adjudicating authority to whom the appeal was made and with the consent in writing of—

(i)in a case which originated in a decision of an adjudication officer, an adjudication officer, or

(ii)in any other case, the Department,

and, in any case, of any other party to the procedings; or

(b)after the hearing has begun, with the leave of the adjudicating authority or, in the case of a tribunal or board, its chairman, at any time before the determination is made.

(3) A reference by an adjudication officer to an appeal tribunal under section 19(2) of the Administration Act, or to an adjudicating medical authority under regulation 45(3) (reference of diagnosis and recrudescence questions for medical report) or to a medical appeal tribunal under section 44(3) of the Administration Act may be withdrawn by him at any time before the reference is determined by giving written notice of intention to withdraw to the adjudicating authority to whom the reference was made, but in the case of a reference under section 44(3) of the Administration Act made at the instance of the Department only with its consent.

(4) An application under regulation 13 for a decision of the Department on any question may, with its leave, be withdrawn at any time before the decision is given.

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