The Social Security (Northern Ireland) Order 1998

Correction of errors and setting aside of decisions

28.—(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.

(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) 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; or

(e) the Recovery of Benefits Order.