Appeals to appeal tribunals22

1

Where an application for a maintenance assessment is refused, the person who made that application shall have a right of appeal to an appeal tribunal against the refusal.

2

Where a maintenance assessment is in force, the absent parent or person with care with respect to whom it was made shall have a right of appeal to an appeal tribunal against the amount of the assessment or the date from which the assessment takes effect.

3

Where a maintenance assessment is cancelled, or an application for the cancellation of a maintenance assessment is refused, the absent parent or person with care with respect to whom the maintenance assessment in question was, or remains, in force, shall have a right of appeal to an appeal tribunal against the cancellation or refusal.

4

A person with a right of appeal under this Article shall be given such notice of that right and, in the case of a right conferred by paragraph (1) or (3), such notice of the decision as may be prescribed.

5

Regulations may make—

a

provision as to the manner in which, and the time within which, appeals are to be brought; and

b

such provision with respect to proceedings before appeal tribunals as the Department considers appropriate.

6

The regulations may in particular make any provision of a kind mentioned in Schedule 4 to the Social Security (Northern Ireland) Order 1998.

7

In deciding an appeal under this Article, an appeal tribunal—

a

need not consider any issue that is not raised by the appeal; and

b

shall not take into account any circumstances not obtaining at the time when the decision or assessment appealed against was made.