- Latest available (Revised)
- Point in Time (06/04/2017)
- Original (As made)
Version Superseded: 04/09/2017
Point in time view as at 06/04/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Social Security (Northern Ireland) Order 1998, Section 28 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
F128 .—F2F3(1) Regulations may make provision with respect to—
(a)the correction of accidental errors in any decision or record of a decision made under any relevant statutory provision; and
(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
(i)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative or was not received at an appropriate time by the person who gave the decision; or
(ii)a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.
[F4(1A )F5 In paragraph (1) “decision” does not include any decision made by an officer of the Inland Revenue, other than a decision under or by virtue of Part III of the Pension Schemes (Northern Ireland) Act 1993.]
(2) Nothing in paragraph (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that paragraph.
(3 )F5 In this Article “relevant statutory provision” means any statutory provision contained in—
(a)this Chapter;
(b)the Contributions and Benefits Act;
(c)the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993;
(d)the Jobseekers Order;F6. . .
(e)the Recovery of Benefits Order[F7; F8. . . ]
[F7(f)the State Pension Credit Act (Northern Ireland) 2002][F9;F10...
(g)Part 1 of the Welfare Reform Act (Northern Ireland) 2007.]
[F11(h)Part 2 of the Welfare Reform (Northern Ireland) Order 2015.][F12 or
(i)Part 5 of that Order.][F13 or
(j)Part1 of the Pensions Act (Northern Ireland) 2015 [F14 or section 29 of that Act] .]
F1mod. by SR 1999/349, 350
F2temp. mod. by SI 2002/2926
F3prosp. in pt. certain functions transf. by 2002 c. 21
F4SI 1999/671
F5mod. by SI 2005/191
F8Word in art. 28(3)(e) repealed (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 58, 60(1), Sch. 8; S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
F9Art. 28(3)(g) and preceding word added (1.7.2008 for certain purposes, otherwise 27.7.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 10(6); S.R. 2008/276, art. 2(2)(a)
F10Word in art. 28(3)(f) repealed (2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 39(a); S.R. 2016/215, art. 2(2)(c)(v)(hh)
F11Art. 28(3)(h) inserted (2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 39(b); S.R. 2016/215, art. 2(2)(c)(v)(hh)
F12Art. 28(3)(i) and word inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 40; S.R. 2016/215, art. 2(5)(h)(vii)
F13Art. 28(3)(j) and word inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 32
F14Words in art. 28(3)(j) inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 40; S.R. 2017/44, art. 2(2) (with arts. 3, 4)
Modifications etc. (not altering text)
C1Art. 28 applied (with modifications) (30.11.2016) by The Childcare Payments (Appeals) Regulations 2016 (S.I. 2016/1078), regs. 1, 6
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.