Search Legislation

The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Procedure on determination of claims or questions

2.  At the end of section 99 of that Act (decision of adjudication officer) add the following subsection—

(4) Where—

(a)a case has been referred to a social security appeal tribunal (“the tribunal”); and

(b)the claimant makes a further claim which raises the same or similar questions; and

(c)that further claim is referred to the tribunal by the adjudication officer,

then the tribunal may proceed to determine the further claim whether or not notice of its reference has been given to the claimant under subsection (3) above..

3.—(1) After section 115 of that Act insert the following sections—

Power of adjudicating authorities to refer matters to experts.

115A.(1) An authority to which this section applies may refer any question of special difficulty arising for decision by the authority to one or more experts for examination and report.

(2) The authorities to which this section applies are—

(a)an adjudication officer;

(b)an adjudicating medical practitioner, or two or more such practitioners acting together;

(c)a specially qualified adjudicating medical practitioner appointed by virtue of section 113 above, or two or more such practitioners acting together;

(d)a social security appeal tribunal;

(e)a medical appeal tribunal;

(f)the Attendance Allowance Board;

(g)a Commissioner;

(h)the Department.

(3) Regulations may prescribe cases in which a Commissioner shall not exercise the power conferred by subsection (1) above.

(4) In this section “expert” means a person appearing to the authority to have knowledge or experience which would be relevant in determining the question of special difficulty.

Assessors.

115B.(1) Where it appears to an authority to which this section applies that a matter before the authority involves a question of fact of special difficulty, then, unless regulations otherwise provide, the authority may direct that in dealing with that matter they shall have the assistance of one or more assessors.

(2) The authorities to which this section applies are—

(a)two or more adjudicating medical practitioners acting together;

(b)two or more specially qualified adjudicating medical practitioners, appointed by virtue of section 113 above, acting together;

(c)a social security appeal tribunal;

(d)a medical appeal tribunal;

(e)the Attendance Allowance Board;

(f)a Commissioner;

(g)the Department..

(2) The following provisions of that Act (which enable certain adjudicating authorities to refer matters to medical practitioners or to have the assistance of assessors and which are superseded by sub-paragraph (1)) shall cease to have effect—

(a)section 101(6) and (7);

(b)paragraph 4 of Schedule 11;

(c)paragraphs 8 and 9 of Schedule 13.

4.  In Schedule 13 to that Act, in paragraph 1 (procedure to be followed in connection with determination of claims and questions by Department, etc.) after “Department” insert “, an adjudication officer”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources