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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Appeals and appellate bodies

5.  In section 100 of that Act (appeals to social security appeal tribunal), in subsection (3) the words from “without leave” onwards shall cease to have effect.

6.  In section 101 of that Act (appeals from social security appeal tribunal to Commissioner on point of law), in subsection (5) (powers of Commissioner when holding that there has been error of law)—

(a)after “point of law” insert “he shall set it aside and”; and

(b)after paragraph (b) (Commissioner to refer case to tribunal with directions for determination) add—

and, subject to any direction of the Commissioner, the tribunal on a reference under paragraph (b) above shall consist of persons who were not members of the tribunal which gave the erroneous decision.

7.  In section 104 of that Act (review of decisions), after subsection (3A) insert the following subsection—

(3B) Where a claimant has appealed against a decision of an adjudication officer and the decision is reviewed under this section by an adjudication officer, then—

(a)if the adjudication officer considers that the decision which he has made on the review is the same as the decision that would have been made on the appeal had every ground of the claimant’s appeal succeeded, then the appeal shall lapse; but

(b)in any other case, the review shall be of no effect and the appeal shall proceed accordingly..

8.  In section 106 of that Act, for subsection (2) (regulations to make provision concerning appeals from determination of the Attendance Allowance Board on point of law, etc.) substitute the following subsections—

(2) An appeal lies to a Commissioner, with his leave or that of another Commissioner, against a determination by the Board of any question of law arising either—

(a)on a review under subsection (1) above; or

(b)in connection with a refusal by the Board to review a determination made by them under section 105(3) above or this section,

at the instance of the claimant in question or the Department.

(2A) Where the Commissioner holds that the Board’s determination was erroneous in point of law—

(a)he shall set it aside and refer the case to the Board; and

(b)unless the Commissioner otherwise directs, the Board shall not delegate the determination of that case to the medical practitioner, or any of the medical practitioners, who gave the erroneous decision.

(2B) The references to the Board in subsection (2) above, and the first such reference in subsection (2A) above, include a reference to a delegate appointed in pursuance of paragraph 5 of Schedule 11 to this Act.

(2C) Regulations may make provision as to the manner in which, and the time within which, appeals under subsection (2) above are to be brought and applications for leave to appeal under that subsection are to be made..

9.—(1) In section 112A of that Act (appeals from medical appeal tribunal to Commissioner on point of law)—

(a)subsection (4) (power of tribunal to refer question of law to a Commissioner) shall cease to have effect; and

(b)in subsection (5) (tribunal to revise decision on case in light of Commissioner’s decision on point of law) the words “or reference” and the words from “and the medical” onwards shall cease to have effect.

(2) After subsection (5) of that section insert the following subsections—

(5A) Where the Commissioner holds that the decision was erroneous in point of law he shall set it aside and refer the case to a medical appeal tribunal with directions for its determination.

(5B) Subject to any direction of the Commissioner, the tribunal on a reference under subsection (5A) above shall consist of persons who were not members of the tribunal which gave the erroneous decision..

10.  In Schedule 13 to that Act (provision which may be made by procedure regulations), after paragraph 7 insert the following paragraph—

7A.  Provision empowering the chairman of a social security appeal tribunal or a medical appeal tribunal to give directions for the disposal of any purported appeal which he is satisfied that the tribunal does not have jurisdiction to entertain..

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