The Social Security (Miscellaneous Amendments No. 6) Regulations (Northern Ireland) 2008

Amendment of the Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations

3.  After regulation 5 of the Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations (Northern Ireland) 2008(1) (appeal treated as reconsideration) add—

“Appeals

6.— (1) Subject to paragraph (2), the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 apply to an appeal—

(a) against a determination made by the Department—

(i) on a claim, or

(ii) on a reconsideration under section 4 of the Mesothelioma, etc., Act (Northern Ireland) 2008 of a determination made on a claim,

as they apply to an appeal under Article 13 of the Social Security (Northern Ireland) Order 1998(2); and

(b) to a Commissioner under section 6 of that Act against a decision of an appeal tribunal as they apply to an appeal under Article 13 or 14 of that Order(3).

(2) Regulation 36(2)(a) of those Regulations applies in relation to the composition of an appeal tribunal where the appeal arises under section 5(1) of that Act.”.

(1)

S.R. 2008 No. 353

(2)

S.I. 1998/1506 (N.I. 10); Article 13 was amended by paragraph 19 of Schedule 6 and Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(3)

Article 14 was amended by paragraph 20 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999