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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.
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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[F14...
(j)Part1 of the Pensions Act (Northern Ireland) 2015 [F15 or section 29 of that Act] .][F16 or
(k)Articles 13 to 16 of the Welfare Reform and Work (Northern Ireland) Order 2016.]
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F8Word in art. 28(3)(e) repealed (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 58, 60(1), Sch. 8; S.R. 2008/276, art. 2(2)(d), Sch.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)
F13Word in art. 28(3) omitted (4.9.2017) by virtue of The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 15(7)(a) (with art. 16); S.R. 2017/166, art. 2(c)
F14Art. 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
F15Words 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)
F16Art. 28(3)(k) and preceding word inserted (4.9.2017) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 15(7)(b) (with art. 16); S.R. 2017/166, art. 2(c)
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
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