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Social Security Administration (Northern Ireland) Act 1992

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This is the original version (as it was originally enacted).

20Appeal to social security appeal tribunal

(1)Subject to subsection (3) below, where the adjudication officer has decided a claim or question other than a claim or question relating to an attendance allowance, a disability living allowance or a disability working allowance—

(a)if it relates to statutory sick pay or statutory maternity pay, the employee and employer concerned shall each have a right to appeal to a social security appeal tribunal; and

(b)in any other case the claimant shall have a right to do so.

(2)A person with a right of appeal under this section shall be given such notice of a decision falling within subsection (1) above and of that right as may be prescribed.

(3)No appeal lies under this section where—

(a)in connection with the decision of the adjudication officer there has arisen any question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer; and

(b)the question has been determined; and

(c)the adjudication officer certifies that the decision on that question is the sole ground of his decision.

(4)Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

(5)Where an adjudication officer has determined that any amount, other than an amount—

(a)of an attendance allowance;

(b)of a disability living allowance;

(c)of a disability working allowance;

(d)of statutory sick pay; or

(e)of statutory maternity pay,

is recoverable under or by virtue of section 69 or 72 below, any person from whom he has determined that it is recoverable shall have the same right of appeal to a social security appeal tribunal as a claimant.

(6)In any case where—

(a)an adjudication officer has decided any claim or question under Part V of the Contributions and Benefits Act; and

(b)the right to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,

that other person shall have the like right of appeal to a social security appeal tribunal as the claimant.

(7)Subsection (2) above shall apply to a person with a right of appeal under subsection (5) or (6) above as it applies to a claimant.

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