Article 10 Appeals against decisions of BoardI1 I2

Northern Ireland

I3(1)

This Article applies to any decision of an officer of the Board under Article 7 of this Order or under regulations made by virtue of Article 9(1)(b) or (c) of this Order (whether as originally made or as varied under regulations made by virtue of Article 9(1)(a) of this Order).

(2)

In the case of a decision to which this Article applies—

(a)

if it relates to a person’s entitlement to statutory sick pay F1, statutory maternity pay, F2statutory paternity pay, statutory adoption pay F3, statutory shared parental pay or statutory parental bereavement pay, the employee and employer concerned shall each have a right to appeal to the F4tribunal, and

(b)

in any other case, the person in respect of whom the decision is made and such other person as may be prescribed shall have a right to appeal to the tribunal.

(3)

In paragraph (2)(b) of this Article “prescribed” means prescribed by the Board by regulations.

I4(4)

This Article has effect subject to section 115C^f1 of the Administration Act (appeals in relation to personal liability notices).

Annotations

Textual amendments

F1: Words in art. 10(2)(a) substituted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836), arts. 1(2), 10(4); S.R. 2002/356, art. 2(2), Sch. 1 Pt. 2
F2: Words in art. 10(2)(a) substituted (15.3.2015 for specified purposes, 5.4.2015 in so far as not already in force) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23, Sch. 1 para. 5(3); S.R. 2015/86, arts. 3(2)(i), 4(2)(d)(h), 5 (with arts. 6, 7)
F3: Words in art. 10(2)(a) substituted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), s. 5(5), Sch. para. 27; S.R. 2022/136, arts. 2, 3
F4: Word in art. 10(2)(a)(b) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 52

Commencement

I1: Art. 10 not in force at made date, see art. 1
I2: Art. 10 in force at 26.3.1999 for specified purposes by S.R. 1999/149, art. 2(b), Sch. 1 (with arts. 3-6)
I3: Art. 10(1)-(3) in force at 1.4.1999 in so far as not already in force by S.R. 1999/149, art. 2(c), Sch. 2 (with arts. 3-6)
I4: Art. 10(4) in force at 6.4.1999 in so far as not already in force by S.R. 1999/149, art. 2(d), Sch. 3 (with arts. 3-6)

Footnotes

f1: Section 115C was inserted by Article 60 of the Social Security (Northern Ireland) Order 1998.

Notes on Part III

Modifications

C1: Pt. 3 modified (22.3.2011) by National Insurance Contributions Act 2011 (c. 3), ss. 8(6)(b), 13(2)
C2: Pt. 3 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.
C3: Pt. 3 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2, Sch. (as amended 12.10.2023) by S.I. 2023/1060, arts. 1(2), 4(1))
C4: Pt. 3 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), arts. 1, 2, Sch. (as amended 12.10.2023) by S.I. 2023/1060, arts. 1(2), 4(2))
C5: Pt. 3 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Gibraltar) Order 2024 (S.I. 2024/149), art. 2, Sch.
C6: Pt. III modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Contributions) (Republic of India) Order 2026 (S.I. 2026/274), art. 2(b)

Article 10 Appeals against decisions of BoardI1I2