The Social Security (Adjudication) and Commissioners Procedure and Child Support Commissioners (Procedure) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the provisions of the Social Security (Adjudication) Regulations 1995, the Social Security Commissioners Procedure Regulations 1987 and the Child Support Commissioners (Procedure) Regulations 1992 in so far as they relate to applications for leave to appeal against a tribunal decision.

These Regulations require any application for leave to appeal to a Commissioner against the decision of a tribunal to be accompanied by a copy of the tribunal’s statement of the reasons for its decision and of its findings on questions of fact material thereto. This requirement applies equally whether the application is made to the chairman of a tribunal or to a Commissioner, and whether the tribunal in question is a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal (regulations 3 to 5 and 8). A notice of appeal must also be accompanied by a copy of this statement (regulation 9).

The same changes are made in relation to child support by regulations 12 and 13.

The Regulations also amend the time limit for making an application to the chairman of a social security appeal tribunal, a disability appeal tribunal, a medical appeal tribunal or a child support appeal tribunal for leave to appeal to a Commissioner so that it begins with the date on which the tribunal’s statement of the reasons for its decision and of its findings on questions of fact material thereto is given or sent to the applicant (regulations 6 and 11).

The Regulations reflect the changes made in the Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996 (S.I. 1996/2450), which amended the provisions on the form and promulgation of tribunal decisions.

The Regulations do not impose any costs on business.