Regulation 36 Determination of appealsI1
Northern Ireland
An appeal under regulation F134(1)(a) to (f) is by way of reconsideration of the determination or assessment against which the appeal is brought, and accordingly—
on an appeal under regulation 34(1)(a), paragraphs (5) to (9) of regulation 10 apply as they do to a determination under regulation 10(4);
on an appeal under regulation 34(1)(b), the appeal panel must determine whether the appellant is entitled to victims' payments;
on an appeal under regulation 34(1)(c), the appeal panel must determine the Troubles-related incident or incidents in relation to which the applicant is entitled to victims' payments;
on an F2appeal under regulation 34(1)(d) or (e), the appeal panel must consider whether the assessed degree of disablement provides a reasonable assessment of the degree of disablement resulting from the relevant incident;
on an F3appeal under regulation 34(1)(f)—
the appeal panel must determine the amount of victims' payments payable to the appellant, and
regulations 18(2) to (5) and 19 to 21 apply as they do to a determination under regulation 18(1), but with references to the applicant read as references to the appellant.
On an appeal under regulation 34(1)(g), where the determination reviewed under regulation 43 was a determination—
under regulation 10(4), the appeal is, for the purposes of paragraph (1), to be treated as an appeal under paragraph 34(1)(a);
under regulation 12(3)(b), the appeal is, for the purposes of paragraph (1), to be treated as an appeal under regulation 34(1)(b);
under regulation 12(3)(c), the appeal is, for the purposes of paragraph (1), to be treated as an appeal under regulation 34(1)(c);
of the amount of victims’ payments payable to a person, the appeal is, for the purposes of paragraph (1), to be treated as an appeal under regulation 34(1)(f).
An appeal panel is to determine the appeal by considering—
any material provided in support of an application;
any material obtained under regulation 29;
any evidence given in a hearing;
any report to the Board by a health care professional;
any advice from an advisor appointed under paragraph 13(1) of Schedule 1, and
any other material which the panel considers relevant.
Annotations
Textual amendments
- F1
Words in reg. 36(1) substituted (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(5)(a)(i)
- F2
Word in reg. 36(1)(d) substituted (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(5)(a)(ii)
- F3
Word in reg. 36(1)(e) substituted (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(5)(a)(ii)
- F4
Reg. 36(1A) inserted (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(5)(b)
Commencement
- I1
Reg. 36 in force at 29.5.2020, see reg. 1(3)