5.—(1) Where a person appeals against a determination made by the Department on a claim, it may treat the appeal as an application for reconsideration under section 4 of the Mesothelioma, etc., Act (Northern Ireland) 2008.
(2) Where—
(a)an appeal against a determination that a payment should not be made is treated as an application for reconsideration; and
(b)on the reconsideration the Department decides that a payment should be made,
it shall not refer the appeal to an appeal tribunal.
(3) Except where paragraph (2) applies, where an appeal is treated as an application for reconsideration, the Department shall delay referring the appeal to the appeal tribunal until after the reconsideration.