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National Insurance Act 1965

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This is the original version (as it was originally enacted).

70Appeals from local tribunal to National Insurance Commissioner

(1)Subject to the provisions of this section, an appeal shall lie to the National Insurance Commissioner from any decision of a local tribunal at the instance of—

(a)an insurance officer;

(b)the claimant;

(c)an association of employed persons, or any other association which exists to promote the interests and welfare of its members, where in either case—

(i)the claimant at the time of the appeal is a member of the association and was so immediately before the question at issue arose; or

(ii)the question at issue relates to the right to benefit by virtue of the insurance of a deceased person, and that person was a member of the association at the time of his death.

(2)An appeal to the Commissioner must be brought within three months from the date of the decision of the local tribunal, or such further period as the Commissioner may in any case for special reasons allow, and such an appeal shall be brought by giving notice in writing in a form approved by the Minister stating the grounds of the appeal—

(a)in the case of an appeal by an insurance officer, to the claimant; and

(b)in the case of an appeal by the claimant or an association such as is mentioned in subsection (1)(c) of this section, at a local office.

(3)If it appears to the Commissioner that any appeal under this section involves a question of law of special difficulty, he may direct that the appeal shall be dealt with, not by the Commissioner alone, but by a tribunal consisting of any three of the Commissioner and the deputy Commissioners appointed under section 78 of this Act; and if the decision of any such tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal.

(4)If it appears to the Commissioner that any appeal under this section involves a question of fact of special difficulty, the Commissioner may direct that in dealing with the appeal or any part thereof he shall have the assistance of an assessor or assessors specially qualified and selected from a panel appointed for that purpose.

(5)The Commissioner may, if he thinks fit, refer any question arising for his decision to a registered medical practitioner for examination and report.

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