Section 44 Actions on reviewI1

(1)

In a review by the First-tier Tribunal or the Upper Tribunal under section 43, the Tribunal may—

(a)

take no action,

(b)

set the decision aside, or

(c)

correct a minor or accidental error contained in the decision.

(2)

Where a decision is set aside by the First-tier Tribunal in a review, it may—

(a)

re-decide the matter concerned,

(b)

refer that matter to the Upper Tribunal, or

(c)

make such other order as the First-tier Tribunal considers appropriate.

(3)

If a decision set aside by the First-tier Tribunal in a review is referred to the Upper Tribunal, the Upper Tribunal—

(a)

may re-decide the matter concerned or make such other order as it considers appropriate,

(b)

in re-deciding that matter, may do anything that the First-tier Tribunal could do if re-deciding it.

(4)

Where a decision is set aside by the Upper Tribunal in a review, it may—

(a)

re-decide the matter concerned, or

(b)

make such other order as it considers appropriate.

(5)

In re-deciding a matter under this section, the First-tier or Upper Tribunal may reach such findings in fact as it considers appropriate.

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