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The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

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48.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the Board—

(a)does not admit the claim at all; or

(b)does not admit the claim to its full extent,

the Board shall reconsider the case if he applies to it to do so.

(2) If he is dissatisfied with any determination given by the Board on reconsidering the case he may, within 2 months of being informed by the Board of the decision, appeal to the Department against the decision of the Board.

(3) The Department shall, unless it appears to it that the case is of such a nature that it can properly be determined without taking oral evidence, arrange for the hearing of the appeal, and at any such hearing the appellant shall be entitled to have an opportunity of submitting statements relating to the subject matter of the appeal, calling witnesses, giving evidence and making such representations as he desires, and shall be entitled to have the assistance in presenting his case of a person selected by himself.

(4) After considering in accordance with the foregoing provisions of this article all the circumstances of the case the Department shall either allow the claim to such extent as it thinks fit or dismiss the appeal.

(5) Nothing in this paragraph shall authorise the Department to:-

(a)control or restrict the exercise of any discretion which is by this Scheme vested in the Board other than the discretion so vested by article 54; or

(b)reopen any medical issue decided on appeal under article 47.

(6) The decision of the Department on an appeal under paragraph (2) shall be final and binding on both parties.

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