The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995

CHAPTER V: ADJUDICATION

Effect of a determination as to capacity for work

19.  A determination as to whether a person is, or is to be treated as, capable or incapable of work, which is made for the purpose of determining his entitlement to any benefit, allowance or advantage, shall be treated as conclusive for the purposes of his entitlement to any other benefit, allowance or advantage in respect of any day or any period to which that determination relates.

Adjudication officer to determine capacity for work

20.  Where a question as to whether a person is, or is to be treated as, capable or incapable of work arises in respect of a claim for any benefit, allowance or advantage, that question shall be determined by an adjudication officer notwithstanding that any other question falls to be determined by another authority.

Social security appeal tribunal to sit with a medical assessor

21.  Where a matter before a social security appeal tribunal involves a question as to whether a person satisfies the all work test that tribunal shall sit with a medical assessor.

Appointment of medical assessors

22.—(1) The President shall constitute for the whole of Northern Ireland a panel of doctors to act as medical assessors for such areas as he thinks fit.

(2) The President may appoint to the panel any doctor with at least 5 years post-registration experience who is not—

(a) a civil servant in any government department; or

(b) an employee of, or adviser to, an Organisation which represents, or promotes the rights of, people with disabilities.

(3) The President may appoint a person to the panel for such term as he thinks fit and may terminate that appointment at any time.