Part IIAdjudication

Correction of errors

70Regulations as to correction of errors and setting aside of decisions

(1)Regulations may make provision with respect to—

(a)the correction of accidental errors in any decision or record of a decision given with respect to a claim or question arising under or in connection with any relevant enactment by a body or person authorised to decide the claim or question; 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 body or 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 subsection (1) above 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 subsection.

(3)In this section “relevant enactment” means any enactment contained in—

(a)the National Insurance Acts 1965 to 1974;

(b)the National Insurance (Industrial Injuries) Acts 1965 to 1974;

(c)the Industrial Injuries and Diseases (Old Cases) Acts 1967 to 1974;

(d)the [1973 c. 38.] Social Security Act 1973;

(e)the Social Security Acts 1975 to 1991;

(f)the Old Cases Act;

(g)the [1975 c. 61.] Child Benefit Act 1975;

(h)the [1970 c. 55.] Family Income Supplements Act 1970;

(i)the [1976 c. 71.] Supplementary Benefits Act 1976; or

(j)the Contributions and Benefits Act.