The Social Security (Adjudication) Regulations 1995

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Adjudication) Regulations 1995 and shall come into force on 10th August 1995.

(2) In these Regulations, unless the context otherwise requires—

“the Acts” means the Social Security Contributions and Benefits Act 1992(1) and the Social Security Administration Act 1992(2);

“the Administration Act” means the Social Security Administration Act 1992(2);

“adjudicating authority” means, as the case may be, an adjudicating medical practitioner, the Chief or any other adjudication officer, an appeal tribunal, a medical appeal tribunal, a disability appeal tribunal, a medical board or a special medical board;

“adjudicating medical authority” has the meaning assigned to it by regulation 34;

“adjudicating medical practitioner” means a medical practitioner appointed in accordance with section 49(1) of the Administration Act;

“adjudication officer” means an officer appointed in accordance with section 38(1) of the Administration Act;

“appeal tribunal” means a social security appeal tribunal constituted in accordance with section 41(1) to (5) of the Administration Act;

“Chief Adjudication Officer” means the Chief Adjudication Officer appointed under section 39(1) of the Administration Act;

“claimant” means a person who has claimed benefit under the Acts (including, in relation to an award or decision, a beneficiary under the award or a person affected by the decision) or from whom benefit is alleged to be recoverable, and in relation to statutory sick pay and statutory maternity pay includes both the employee alleged to be entitled to and the employer alleged to be liable to pay such pay;

“Commissioner” means the Chief or any other Social Security Commissioner appointed in accordance with section 52(1) of the Administration Act and includes a Tribunal of 3 such Commissioners constituted in accordance with section 57 of that Act;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(3);

“disability appeal tribunal” means a tribunal constituted in accordance with section 43 of the Administration Act;

“disability question” has the meaning assigned by regulation 27(2);

“full-time chairman” means a regional or other full-time chairman of appeal tribunals, medical appeal tribunals and disability appeal tribunals appointed under section 51 of the Administration Act;

“income support” means income support under Part VII of the Contributions and Benefits Act and includes personal expenses addition, special transitional addition and transitional addition as defined in the Income Support (Transitional) Regulations 1987(4);

“Income Support Regulations” means the Income Support (General) Regulations 1987(5);

“inquiry” means an inquiry held pursuant to section 17(4) of the Administration Act;

“local office” means an office of the Department of Social Security, an office of the Department for Education and Employment or the office of the Chief Adjudication Officer;

“medical appeal tribunal” means a tribunal constituted in accordance with section 50 of the Administration Act;

“medical board” and“special medical board” have the meanings assigned to them by regulation 34;

“party to the proceedings” means—

(a)

the claimant;

(b)

in proceedings before an appeal tribunal or a disability appeal tribunal, the adjudication officer;

(c)

in proceedings relating to the determination of a question included in section 17(1) of the Administration Act, any person interested within the meaning of regulation 12;

(d)

in any other proceedings, the adjudication officer and the Secretary of State except in proceedings in which the adjudication officer or the Secretary of State is the adjudicating authority;

(e)

any other person appearing to the Secretary of State, the adjudicating authority or, in the case of a tribunal or board, its chairman or in relation to an inquiry, the person appointed to hold the inquiry, to be interested in the proceedings;

“the Prescribed Diseases Regulations” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985(6);

“President” means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals appointed under section 51(1) of the Administration Act;

“proceedings” means proceedings on a claim, application, appeal or reference to which these Regulations apply;

“specially qualified adjudicating medical practitioner” means a specially qualified adjudicating medical practitioner appointed by virtue of section 62 of the Administration Act; and

“the Supplementary Benefits Act” means the Supplementary Benefits Act 1976(7).

(3) Where, by any provision of the Acts or of these Regulations—

(a) any notice or other document is required to be given or sent to any office, that notice or document shall be treated as having been so given or sent on the day that it is received in that office; and

(b) any notice or other document is required to be given or sent to any person, that notice or document shall, if sent by 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.

(4) Unless the context otherwise requires, any reference in these Regulations to a numbered or lettered Part, section, regulation or Schedule is a reference to the Part, Section, regulation or Schedule bearing that number or letter in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

(5) Unless otherwise provided, where by these Regulations any power is conferred on a chairman of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal then—

(a) if the 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 application; and

(b) otherwise, it shall be exercised by a person who is eligible to be nominated to act as a chairman of an appeal tribunal under section 41 of the Administration Act(8).

(1)

1992 c. 4.

(2)

1992 c. 5.

(3)

1992 c. 4.

(4)

S.I. 1987/1969.

(5)

S.I. 1987/1967.

(6)

S.I. 1985/967.

(7)

1976 c. 71.

(8)

Section 41 was amended by paragraph 36 of Schedule 3 to the Tribunals and Inquiries Act 1992 (c. 53).