Article 13 Appeal to appeal tribunalF1C1C2

This Article applies to any decision of the Department under Article 9 or 11 (whether as originally made or as revised under Article 10) which—

In the case of a decision to which this Article applies, the claimant and such other person as may be prescribed shall have a right to an appeal tribunal, but nothing in this paragraph shall confer a right of appeal

In the case of a decision relating to child benefit or guardian’s allowance, the making of any appeal under this section against the decision as originally made must follow the Commissioners for Her Majesty’s Revenue and Customs first deciding, on an application made for revision of that decision under Article 10, not to revise the decision.

Regulations under paragraph (2) shall not prescribe any decision or determination that relates to the conditions of entitlement to a relevant benefit for which a claim has been validly made or for which no claim is required.

Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under paragraph (2) in relation to a decision only if the Department has considered whether to revise the decision under Article 10.

The regulations may in particular provide that that condition is met only where—

The references in paragraphs (3A) and (3B) to regulations and to the Department are subject to any statutory provision under or by virtue of which the functions under this Chapter are transferred to or otherwise made exercisable by a person other than the Department.

Where the Department has determined that any amount is recoverable under section 69 F11, 69ZB, 69ZG, 69ZH or 72 of the Administration Act, any person from whom the Department has determined that it is recoverable shall have the same right of appeal to an appeal tribunal as a claimant.

In any case where—

that other person shall have the same right of appeal to an appeal tribunal as the claimant.

Regulations may provide that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 10.

A person with a right of appeal under this Article shall be given such notice of a decision to which this Article applies and of that right as may be prescribed.

Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

In deciding an appeal under this Article, an appeal tribunal—

The reference in paragraph (1) to a decision under Article 11 is a reference to a decision superseding any such decision as is mentioned in sub-paragraph (a) or (b) of paragraph (1) of that Article.