[28ZC Restrictions on liability in certain cases of error]

[Cases of error]

[28ZC  Restrictions on liability in certain cases of error]

[(1)     Subject to subsection (2), this section applies where—

(a)     the effect of the determination, whenever made, of an appeal to [the Upper Tribunal] or the court (“the relevant determination”) is that the adjudicating authority's decision out of which the appeal arose was erroneous in point of law; and

(b)     after the date of the relevant determination a decision falls to be made by the [Secretary of State] in accordance with that determination (or would, apart from this section, fall to be so made)—

(i)     with respect to an application for a maintenance assessment [maintenance calculation] (made after the commencement date) [. . .];

(ii)     as to whether to revise, under section 16, a decision (made after the commencement date) with respect to such an assessment; or [any decision (made after the

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