OpenLegislation

Section 13 Redetermination etc. of appeals by tribunalC1I1I2I3C2I4I5C3C4C5

(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.

(F22)

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.

Annotations

Textual amendments

F1

Words in s. 13(1) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(a)

F2

S. 13(2) omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(b)

F3

Words in s. 13(3) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(c)(i)

F4

Words in s. 13(3) substituted except in relation to S. for specified purposes (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1)(5), Sch. 3 para. 150(c)(ii)

F5

S. 13(4) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 26 (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Modifications

C1

Ss. 13-18 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))

C2

Ss. 12-15 applied (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 4 para. 3(2)(a) (with s. 19)

C3

S. 13 applied (with modifications) (temp.) (17.12.2002) by The Tax Credits (Appeals) Regulations 2002 (S.I. 2002/2926), regs. 1(1)(2), 5

C4

S. 13 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 7

C5

S. 13 applied (with modifications) (6.4.2010) by The National Insurance Contribution Credits (Transfer of Functions) Order 2009 (S.I. 2009/1377), arts. 1(1), 3(2)(e), 4

Commencement

I1

S. 13 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I2

S. 13 in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I3

S. 13 in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)

I4

S. 13 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I5

S. 13 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

Notes on Chapter II

Modifications

C1

Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)

C2

Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

C3

Pt. 1 Ch. 2 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 171(2)(3) (as substituted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 19(3) (with Sch. 8); S.I. 1999/1662, art 2(b), Sch. Pt. 2 (with art. 4))

C4

Pt. 1 Ch. 2 modified (1.9.1999) by The Child Benefit (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2225), regs. 1(1), 2(2), Sch.

C5

Pt. 1 Ch. 2 modified (1.9.1999) by The Social Security (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2227), regs. 1(1), 2(2), Sch.

C6

Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)

C7

Pt. 1 Ch. 2 power to apply (with modifications) conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(4)(6)(g), 89(4)(a)

C8

Pt. 1 Ch. 2 modified by Social Security Administration Act 1992 (c. 5), s. 2B(1)(3)-(8) (as inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a))

C9

Pt. 1 Ch. 2: power to apply conferred (8.7.2002) by Tax Credits Act 2002 (c. 21), ss. 61, 63(8)(a)

C10

Pt. 1 Ch. 2 functions transferred (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 50(2)(e), s. 61, Sch. 4 para. 15; S.I. 2003/392, art. 2

C11

Pt. 1 Ch. 2 applied (8.7.2004) by Age-Related Payments Act 2004 (c. 10), s. 5(5)

C12

Pt. 1 Ch. 2 applied (1.9.2005) by The Age-Related Payments Regulations 2005 (S.I. 2005/1983), regs. 1(1), 7(6)

C13

Pt. 1 Ch. 2 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(8), 170; S.I. 2008/3137, art. 2

C14

Pt. 1 Ch. 2 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(b), Sch. 2 para. 5

C15

Pt. 1 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for specified purposes, 21.4.2017 in so far as not already in force) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(a), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)

C16

Pt. 1 Ch. 2 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(d), Sch. (as varied (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) in accordance with S.I. 2016/1050, regs. 1(2), 2(2), Sch.)

C17

Pt. 1 Ch. 2 modified (24.7.2020) by The Universal Credit (Northern Ireland Reciprocal Arrangements) Regulations 2020 (S.I. 2020/677), regs. 1, 2, Sch.

C18

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C19

Pt. 1 Ch. 2 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))

C20

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C21

Pt. 1 Ch. 2 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.