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Social Security and Housing Benefits Act 1982

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This is the original version (as it was originally enacted).

12Determination by insurance officer or local tribunal

(1)Any question arising under any provision of this Part, or of regulations under this Part, as to, or in connection with, entitlement to statutory sick pay shall, unless it is for determination—

(a)by the Secretary of State under section 11 of this Act; or

(b)by a local tribunal on a reference under subsection (2) or (4) below;

be determined by an insurance officer on a reference to him under this subsection.

(2)Regulations may prescribe cases in which any such question is to be determined by a local tribunal on a reference to the tribunal under this subsection.

(3)An insurance officer to whom a question is referred under subsection (1) above shall, so far as is practicable, dispose of it within fourteen days of the making of the reference.

(4)An insurance officer may, instead of determining a question referred to him under subsection (1) above, refer it to a local tribunal.

(5)Any reference under this section shall be made in accordance with regulations.

(6)Regulations under subsection (5) above may, in particular—

(a)provide for questions to be referred under this section only by the Secretary of State or prescribed persons or classes of person ; and

(b)make provision as to the manner in which, and time within which, references are to be made.

(7)Where an insurance officer refers a question to a local tribunal under subsection (4) above, notice of the reference shall be given in writing by the Secretary of State to those appearing to him to be concerned with the question.

(8)Where an insurance officer determines a question referred to him under subsection (1) above, notice—

(a)of the insurance officer's decision and of the reasons for it; and

(b)of the right of appeal given by section 13(1) of this Act; shall be given in writing by the Secretary of State to those appearing to him to be concerned with the question.

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