Article 28ZC Restrictions on liability in certain cases of errorF1

the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court (“the relevant determination”) is that the adjudicating authority's decision out of which the appeal arose was erroneous in point of law; and

after the date of the relevant determination a decision falls to be made by the Department in accordance with that determination (or would, apart from this Article, fall to be so made)—

is one which, but for Article 28ZA(2)(a), would have been made before the date of the relevant determination; or

is one made in pursuance of Article 28ZB(3) or (5).

the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

where such a decision as is mentioned in sub-paragraph (b)(i) falls to be made; or

where such a decision as is mentioned in sub-paragraph (b)(ii) or (iii) falls to be made on an application under Article 18 or (as the case may be) Article 19,

for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or a Child Support Commissioner; or

for a determination of a lower court or a Child Support Commissioner to be treated as if it had been made on the date of a determination of a higher court.