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Social Security Act 1998

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13Redetermination etc. of appeals by tribunal

(1)This section applies where an application is made to a person under section 14(10)(a) below for leave to appeal from a decision of an appeal tribunal.

(2)If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

(3)If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.

(4)In this section and section 14 below “principal parties” means—

(a)in a case relating to statutory sick pay or statutory maternity pay, the persons mentioned in subsection (2)(a), (b) and (c) of that section;

(b)in any other case—

(i)the persons mentioned in subsection (3)(a) and (b) of that section; and

(ii)where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.

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