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The Health and Social Care (Community Health and Standards) Act 2003 Consequential Provisions (Recovery of NHS Charges) Order 2007

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EXPLANATORY NOTE

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Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”) provides for a scheme for the recovery of charges in cases where an injured person who receives a compensation payment in respect of his injury has received National Health Service hospital treatment or ambulance services. The charges are specified in certificates issued by the Secretary of State, and are payable by persons who pay compensation to the injured person.

A person to whom a certificate is issued may appeal against the certificate under section 157(1) of the 2003 Act (“section 157(1)”). The Secretary of State is required to refer such an appeal to an appeal tribunal constituted under the Social Security Act 1998. This Order amends regulation 36 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, to require the appeal tribunal to have a medically qualified panel member on the panel to hear an appeal against a certificate under section 157(1).

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