Social Security Administration (Northern Ireland) Act 1992

68 Regulations as to correction of errors. N.I.

(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 Measures (Northern Ireland) 1966 to 1974;

(b) the National Insurance (Industrial Injuries) Measures (Northern Ireland) 1966 to 1974;

(c) the Workmen’s Compensation (Supplementation) Measures (Northern Ireland) 1966 to 1974;

(d) the M1 Social Security Act 1973;

(e) the Social Security (Northern Ireland) Acts 1975 to 1991;

(f) the Old Cases Act;

(g) the M2 Child Benefit (Northern Ireland) Order 1975;

(h) the M3 Family Income Supplements Act (Northern Ireland) 1971;

(i) the M4 Supplementary Benefits (Northern Ireland) Order 1977;

(j) the Contributions and Benefits Act;

(k) this Act. [F1 F2 . . .

(l) the Pensions Act][F3 ; or

(m) the Jobseekers (Northern Ireland) Order 1995.]

Textual Amendments

F1 S. 68(3): word “or” and in s. 68(3)(l) added (7.2.1994) by 1993 c. 49, s. 184, Sch. 7 para. 38; S.R. 1994/17, art. 2

F2 Word “or” in s. 68(3)(k) omitted (3.5.1996) by virtue of S.I. 1995/2705, art. 40(1), Sch. 2 para. 30 and repealed (7.10.1996) by S.I. 1995/2705, art. 40(2), Sch. 3; S.R. 1996/180, art. 2(a); S.R. 1996/401, art. 2(b)

F3 S. 68(3)(m) and preceding word “or” inserted (3.5.1996) by S.I. 1995/2705, art. 40(1), Sch. 2 para. 30; S.R. 1996/180, art. 2(a)

Marginal Citations

M1 1973 c. 38.

M2 S.I. 1975/1504 (N.I. 16).

M3 1971 c. 8 (N.I.).

M4 S.I. 1977/2156 (N.I. 27).