Part IIAdjudication
Appeals from adjudication officers - general
21Appeal from social security appeal tribunal to Commissioner
1
Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of a social security appeal tribunal under section 20 above on the ground that the decision of the tribunal was erroneous in point of law.
2
In the case of statutory sick pay or statutory maternity pay an appeal lies under this section at the instance of any of the following—
a
an adjudication officer;
b
the employee concerned;
c
the employer concerned;
d
a trade union, where—
i
the employee is a member of the union at the time of the appeal and was so immediately before the question at issue arose; or
ii
the question at issue is a question as to or in connection with entitlement of a deceased person who was at the time of his death a member of the union;
e
an association of employers of which the employer is a member at the time of the appeal and was so immediately before the question at issue arose.
3
In any other case an appeal lies under this section at the instance of any of the following—
a
an adjudication officer;
b
the claimant;
c
in any of the cases mentioned in subsection (5) below, a trade union; and
d
a person from whom it is determined that any amount is recoverable under section 69 or 72 below.
4
In a case relating to industrial injuries benefit an appeal lies under this section at the instance of a person whose right to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in subsection (3) above.
5
The following are the cases in which an appeal lies at the instance of a trade union—
a
where the claimant is a member of the union at the time of the appeal and was so immediately before the question at issue arose;
b
where that question in any way relates to a deceased person who was a member of the union at the time of his death;
c
where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.
6
Subsections (2), (3) and (5) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.
7
Where the Commissioner holds that the decision was erroneous in point of law, he shall set it aside and—
a
he shall have power—
i
to give the decision which he considers the tribunal should have given, if he can do so without making fresh or further findings of fact; or
ii
if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and
b
in any other case he shall refer the case to a tribunal with directions for its determination.
8
Subject to any direction of the Commissioner, the tribunal on a reference under subsection (7)(b) above shall consist of persons who were not members of the tribunal which gave the erroneous decision.
9
No appeal lies under this section without the leave—
a
of the person who was the chairman of the tribunal when the decision was given or, in a prescribed case, the leave of some other chairman; or
b
subject to and in accordance with regulations, of a Commissioner.
10
Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.