The Social Security (Recovery of Benefits) (Appeals) Regulations 1997

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Recovery of Benefits) (Appeals) Regulations 1997 and shall come into force on 6th October 1997.

(2) In these Regulations—

“the 1997 Act” means the Social Security (Recovery of Benefits) Act 1997;

“clerk to the tribunal” means a clerk to a medical appeal tribunal appointed in accordance with section 50 of, and paragraph 3 of Schedule 2 to, the Social Security Administration Act 1992;

“Commissioner” has the meaning given in section 191 of the Social Security Administration Act 1992;

“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department of Social Security at Reyrolle Building, Hebburn, Tyne and Wear NE31 1XB;

“compensator” means a person making a compensation payment;

“full-time chairman” means a regional or other full-time chairman of medical appeal tribunals appointed under section 51(1) of the Social Security Administration Act 1992;

“President” means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals appointed under section 51(1) of the Social Security Administration Act 1992.

(3) A reference in these Regulations to the parties to the proceedings is a reference to the Secretary of State and any person entitled under section 11(2) of the 1997 Act to make an appeal.

(4) Where, by any provision of these Regulations—

(a) any notice or other document is required to be given or sent to the Compensation Recovery Unit, or the clerk to or a chairman of a tribunal, that notice or document shall be treated as having been so given or sent on the day that it is received in the office of the Compensation Recovery Unit or of the clerk to the relevant tribunal, as appropriate; and

(b) any notice or other document is required to be given or sent to any other 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.

(5) Subject to regulation 13(3), where by these Regulations any power is conferred on a chairman of a 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 a medical appeal tribunal under section 50(4) of the Social Security Administration Act 1992.