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The Social Security (Recovery of Benefits) (Appeals) Regulations (Northern Ireland) 1997

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Recovery of Benefits) (Appeals) Regulations (Northern Ireland) 1997 and shall come into operation on 6th October 1997.

(2) In these Regulations—

the Order” means the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997;

“clerk to the tribunal” means a clerk to a medical appeal tribunal appointed in accordance with section 48 of, and paragraph 4 of Schedule 2 to, the Administration Act;

“Commissioner” has the meaning given in section 167(1) of the Administration Act;

“full-time chairman” means a full-time chairman of medical appeal tribunals appointed under section 49(1) of the Administration Act;

“President” means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals appointed under section 49(1) of the Administration Act.

(3) In these Regulations—

(a)a reference to a numbered Article is to the Article of the Order bearing that number; and

(b)a reference to the parties to the proceedings is to the Department and any person entitled under Article 13(2) to make an appeal.

(4) Where, by any provision of these Regulations—

(a)any notice or other document is required to be given or sent to the Department or the clerk to, or a chairman of, a tribunal, that notice or document shall be treated as having been so given or sent on the day that it is received by the Department or the clerk to the tribunal, as appropriate; and

(b)any notice or other document is required to be given or sent to any other person, that notice or document shall, if sent by ordinary post to that person’s last known or notified address, be treated as having been given or sent on the day that it was posted.

(5) Subject to regulation 13(3), where any power is conferred by these Regulations on a chairman of a tribunal then—

(a)where that power is to be exercised at the hearing of an appeal or application, it shall be exercised by the chairman of the tribunal hearing the appeal or considering the application; and

(b)otherwise, it shall be exercised by a person who is eligible to be nominated to act as a chairman of a medical appeal tribunal under section 48(4) of the Administration Act.

(6) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to a Measure of the Assembly.

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