Social Security Act 1998

28 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 made under any relevant enactment; 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) this Chapter;

(b) the Contributions and Benefits Act;

(c) the [1993 c. 48.] Pension Schemes Act 1993;

(d) the Jobseekers Act; or

(e) the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997.