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Mesothelioma, etc., Act (Northern Ireland) 2008

Mesothelioma lump sum payments

Section 5: Appeal to appeal tribunal

Section 5 provides that a person who has made a claim for a payment under section 1 will have a right of appeal to an appeal tribunal against a decision made by the Department on the claim, or a decision made following a reconsideration under section 4.

Subsection (2) provides that, subject to regulations under subsection (4)(c), the Department must refer any appeal to an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998.

Subsection (3) provides the tribunal with the power to substitute a decision on matters decided in accordance with this Bill.

Subsection (4) provides that regulations may make provision—

  • as to the manner in which, and the time within which, an appeal may be brought;

  • as to the procedure to be followed if an appeal is made; and

  • for the purposes of enabling an appeal to be treated as an application for a reconsideration under clause 4.

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