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Part IIAdjudication

Reference of special questions

35Reference of special questions

(1)Subject to subsection (2) below—

(a)if on consideration of any claim or question an adjudication officer is of opinion that there arises any question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer, he shall refer the question for such determination; and

(b)if on consideration of any claim or question a social security appeal tribunal or Commissioner is of opinion that any such question arises, the tribunal or Commissioner shall direct it to be referred by an adjudication officer for such determination.

(2)The person or tribunal making or directing the reference shall then deal with any other question as if the referred question had not arisen.

(3)The adjudication officer, tribunal or Commissioner may—

(a)postpone the reference of, or dealing with, any question until other questions have been determined;

(b)in cases where the determination of any question disposes of a claim or any part of it, make an award or decide that an award cannot be made, as to the claim or that part of it, without referring or dealing with, or before the determination of, any other question.