Social Security Administration (Northern Ireland) Act 1992

16 Appeal on question of law. N.I.

(1) A question of law arising in connection with the determination by the Department of any such question as is mentioned in section 15(1) above may, if the Department thinks fit, be referred for decision to the Court of Appeal.

(2) If the Department determines in accordance with subsection (1) above to refer any question of law to the court, it shall give notice in writing of its intention to do so—

(a) in a case where the question arises on an application made to the Department, to the applicant; and

(b) in any case to such persons as appear to it to be concerned with the question.

(3) Any person aggrieved by the decision of the Department on any question of law within subsection (1) above which is not referred in accordance with that subsection may appeal from that decision to the court.

(4) The Department shall be entitled to appear and be heard on any such reference or appeal.

(5) Rules of court may include provision for regulating references and appeals to the court under this section.

(6) Notwithstanding anything in any Act, the decision of the court on a reference or appeal under this section shall be final.

Modifications etc. (not altering text)

C1 S. 16 applied (7.2.1994) by 1993 c. 49, s. 166(2); S.R. 1994/17, art. 2

s. 16 modified (6.4.1996 for certain purposes otherwise 6.4.1997) by 1993 c. 49, s. 165(7)(8) as added by S.I. 1995/3213 (N.I. 22), art. 147, Sch. 3 para. 60(3); S.R. 1996/91, art. 2, Sch. Pt. IV; S.R. 1997/192, art. 2