Article 28 Correction of errors and setting aside of decisionsF1C1
Northern Ireland
Regulations may make provision with respect to—
the correction of accidental errors in any decision or record of a decision made under any relevant statutory provision; and
the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
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 person who gave the decision; or
a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.
In paragraph (1) “decision” does not include any decision made by an officer of the Inland Revenue, other than a decision under or by virtue of Part III of the Pension Schemes (Northern Ireland) Act 1993.
Nothing in paragraph (1) 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 paragraph.
In this Article “relevant statutory provision” means any statutory provision contained in—
this Chapter;
the Contributions and Benefits Act;
the 1993 c. 49. Pension Schemes (Northern Ireland) Act 1993;
the Jobseekers Order;F6. . .
Part 1 of the Welfare Reform Act (Northern Ireland) 2007.
Articles 13 to 16 of the Welfare Reform and Work (Northern Ireland) Order 2016.
Annotations
Textual amendments
- F1
mod. by SR 1999/349, 350
- F2
temp. mod. by SI 2002/2926
- F3
prosp. in pt. certain functions transf. by 2002 c. 21
- F4
SI 1999/671
- F5
mod. by SI 2005/191
- F6
- F7
- F8
Word in art. 28(3)(e) repealed (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 58, 60(1), Sch. 8; S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
- F9
Art. 28(3)(g) and preceding word added (1.7.2008 for certain purposes, otherwise 27.7.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 10(6); S.R. 2008/276, art. 2(2)(a)
- F10
Word in art. 28(3)(f) repealed (2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 39(a); S.R. 2016/215, art. 2(2)(c)(v)(hh)
- F11
Art. 28(3)(h) inserted (2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 39(b); S.R. 2016/215, art. 2(2)(c)(v)(hh)
- F12
Art. 28(3)(i) and word inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 40; S.R. 2016/215, art. 2(5)(h)(vii)
- F13
Word in art. 28(3) omitted (4.9.2017) by virtue of The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 15(7)(a) (with art. 16); S.R. 2017/166, art. 2(c)
- F14
Art. 28(3)(j) and word inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 32
- F15
Words in art. 28(3)(j) inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 40; S.R. 2017/44, art. 2(2) (with arts. 3, 4)
- F16
Art. 28(3)(k) and preceding word inserted (4.9.2017) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 15(7)(b) (with art. 16); S.R. 2017/166, art. 2(c)
Modifications
- C1
Art. 28 applied (with modifications) (30.11.2016) by The Childcare Payments (Appeals) Regulations 2016 (S.I. 2016/1078), regs. 1, 6
Notes on the whole Order
Textual amendments
- F1
functions transf. by SR 1999/481
Notes on Chapter II
Modifications
- C1
Pt. 2 Ch. 2 (arts. 9-39) applied (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 18(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1
- C2
Pt. 2 Ch. 2 (arts. 9-39) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 135(8), 170(3); S.I. 2008/3137, art. 2
- C3
Pt. 2 Ch. 2 (arts. 9-39) modified by 1992 c. 7, Sch. 4C para. 4 (as inserted (prosp.) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 81(5), 118(1), Sch. 2)
- C4
Pt. 2 Ch. 2 (arts. 9-39) applied (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 6, Sch. 1
- C5
Pt. 2 Ch. 2 (arts. 9-39) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
- C6
Pt. 2 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for the purposes of the trial, 21.4.2017 in so far as not already in operation) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(b), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)
- C7
Pt. 2 Ch. 2 modified (24.7.2020) by The Universal Credit (Northern Ireland Reciprocal Arrangements) Regulations 2020 (S.I. 2020/677), regs. 1, 2, Sch.
- C8
Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1 of the amending Order) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), arts. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)
- C9
Pt. 2 Ch. 2 modified (1.1.2021) by The Social Security (Norway) Order (Northern Ireland) 2020 (S.R. 2020/357), arts. 1(2), 2, Sch.
- C10
Pt. 2 Ch. 2 modified (9.9.2021) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), arts. 1(2), 2(2)(d), Sch.
- C11
Pt. II Ch. II modified (19.10.2023) by The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023 (S.R. 2023/181), arts. 1(1), 2, Sch.
- C12
Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1(3) of the amending Order) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), arts. 1(3), 2(2)(d)