Part IDecisions and Appeals

Chapter IISocial Security Decisions and Appeals

Appeals

13Redetermination etc. of appeals by tribunal

(1)

This section applies where an application is made F1to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 12 or this section.

F2(2)

If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

(3)

If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, F3the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted F4First-tier Tribunal.

F5(4)

In this section and section 14 below “the principal parties” means—

(a)

the persons mentioned in subsection (3)(a) and (b) of that section, and

(b)

where applicable, the person mentioned in subsection (3)(d) and such a person as is first mentioned in subsection (4) of that section.