100.—(1) In subsection (1) of section 166 (questions arising in proceedings), for the words from “any such question” to “Department” there shall be substituted the words “any decision such as is mentioned in section 165(2) is made by the Department, the decision”.
(2) For subsections (2) and (3) of that section there shall be substituted the following subsections—
“(2) If—
(a)any such decision is necessary for the determination of the proceedings; and
(b)the decision of the Department has not been obtained or an application with respect to the decision has been made under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998,
the decision shall be referred to the Department to be made in accordance (subject to any necessary modifications) with Chapter II of Part II of that Order.
(3) Subsection (1) does not apply where, in relation to the decision—
(a)an appeal has been brought but not determined;
(b)an application for leave to appeal has been made but not determined;
(c)an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or
(d)an application has been made under Article 10 or 11 of that Order.
(4) In a case falling within subsection (3) the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.”.