The Social Security (Adjudication) Amendment Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Adjudication) Regulations 1986 in the following respects —

(l) they add the definition “local office” to the interpretation provisions (regulation 2(2));

(2) they introduce a requirement that grounds of appeal should give sufficient particulars of the decision appealed against to enable it to be identified (regulation 3(2));

(3) they allow a chairman of a social security appeal tribunal or a medical appeal tribunal to give directions for the disposal of an appeal where he is satisfied that the tribunal does not have jurisdiction to hear the appeal (regulation 3 (3));

(4) they provide that where there is a withdrawal of an application, appeal or reference any adjudication officer may give consent to the withdrawal (regulation 4);

(5) they provide for the omission of regulation 8 (which deals with medical references) which is spent following the repeal by paragraph 8 of Schedule 13 of the enabling power under which it was made from the Social Security Act 1975 (regulation 5);

(6) they amend regulation 21 to remove references to an appeal from a Secretary of State’s question (regulation 6);

(7) they amend regulation 24 to provide that except where an appeal has lapsed upon a review of a decision tribunals shall hold oral hearings of appeals; they also remove paragraphs (4) and (5) which are spent as a consequence of paragraph 9 of Schedule 13 ceasing to haveeffect by virtue of paragraph 3 of Schedule 13 to the Social Security Act 1989 (regulation 7);

(8) they omit regulation 35 which allows a medical appeal tribunal to make a reference on a question of law to a Commissioner as the tribunal no longer has power to do that (regulation 8);

(9) they make consequential amendments to regulation 36 to remove references to a reference by a medical appeal tribunal to a Commissioner and make provision for a newly constituted medical appeal tribunal, except where a Commissioner directs otherwise, to hear a case which is remitted from a Commissioner (regulation 9);

(10) they introduce the extension of the time limit for application for review to the Attendance Allowance Board where there is a postal dispute (regulation 10).

Minor amendments of a drafting nature have also been made.

Regulations 2(2), 3(3), 5, 6, 7, 8 and 9 are made as a consequence of the coming into force on 6th April 1990 of paragraphs 3(2), 5, 7, 9, 10 and 19 of Schedule 3 to the Social Security Act 1989 by the Social Security Act 1989 (Commencement No.3) Order 1990 (S.I. 1990/102).