The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Amendment of the Social Security (Recovery of Benefits) Regulations

15.  In regulation 12 of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997(1) (transitional provisions)—

(a) for paragraph (3) there shall be substituted the following paragraphs—

“(3) Any appeal under section 94 of the Administration Act made on or after 6th October 1997 shall be referred to an appeal tribunal.

(3A) Any appeal made before 6th October 1997 which has not been referred to a medical appeal tribunal or a social security appeal tribunal shall be referred to and determined by an appeal tribunal.

(3B) Any appeal made before 6th October 1997 and referred to a medical appeal tribunal shall be determined by an appeal tribunal which shall determine all issues.

(3C) Any appeal made before 6th October 1997 and referred to a social security appeal tribunal shall be determined by an appeal tribunal which shall consist of a legally qualified panel member and, in making its determination, the appeal tribunal shall be bound by any decision of a medical appeal tribunal to which a question under section 94(5) of the Administration Act was referred.

(3D) An appeal tribunal shall completely rehear any appeal under section 94 of the Administration Act which stands adjourned immediately before 29th November 1999.

(3E) Where a Commissioner holds that the decision of a medical appeal tribunal or a social security appeal tribunal on an appeal made before 6th October 1997 was erroneous in law and refers the case to an appeal tribunal, that appeal tribunal shall determine all issues in accordance with the Commissioner’s direction.

(3F) Regulations 11 and 12 of the Recoupment Regulations shall have effect in relation to any appeal under section 94 of the Administration Act made on or after 6th October 1997 as if for “chairman” in each place where it occurs there were substituted “legally qualified panel member”.

(3G) Regulation 13 of the Recoupment Regulations shall have effect in relation to any appeal under section 94 of the Administration Act made on or after 6th October 1997.

(3H) Any other transitional question arising from an appeal made under section 94 of the Administration Act in consequence of the coming into operation of the Decisions and Appeals Regulations shall be determined by a legally qualified panel member who may, for this purpose, give such directions consistent with these Regulations as are necessary.

(3I) For the purposes of paragraphs (3) to (3B) and (3E) an appeal tribunal shall be constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998 as if the appeal were made under Article 13(1)(b) of the Order.”; and

(b) after paragraph (7) there shall be added the following paragraph—

“(8) In this regulation—

“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(2);

“the Recoupment Regulations” means the Social Security (Recoupment) Regulations (Northern Ireland) 1990(3);

“legally qualified panel member” has the same meaning as in regulation 1(2) of the Decisions and Appeals Regulations.”.

(1)

S.R. 1997 No. 429

(2)

S.R. 1999 No. 162

(3)

S.R. 1990 No. 85, to which there are amendments not relevant to this order