PART II continued
(1) Adjudicating medical practitioners shall be appointed by the Secretary of State.
(2) Subject to subsection (1) above, their appointment shall be determined by regulations.
(1) A medical appeal tribunal shall consist of a chairman and two other persons.
(2) The members other than the chairman shall be medical practitioners appointed by the President after consultation with such academic medical bodies as appear to him to be appropriate.
(3) The President shall nominate the chairman.
(4) The President may nominate as chairman—
(a) himself;
(b) one of the full-time chairmen appointed under section 51(1) below; or
(c) a person drawn from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the [1971 c. 62.] Tribunals and Inquiries Act 1971.
(5) No person shall be appointed chairman of a tribunal under subsection (4)(c) above unless he has a 5 year general qualification, or he is an advocate or solicitor in Scotland of at least 5 years' standing.
(6) Subject to subsections (1) to (5) above, the constitution of medical appeal tribunals shall be determined by regulations.
(7) Schedule 2 to this Act shall have effect for supplementing this section.
(1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint—
(a) a President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and
(b) regional and other full-time chairmen of such tribunals.
(2) A person is qualified to be appointed President if he has a 10 year general qualification or he is an advocate or solicitor in Scotland of at least 10 years' standing.
(3) A person is qualified to be appointed a full-time chairman if he has a 5 year general qualification or he is an advocate or solicitor in Scotland of at least 5 years' standing.
(4) Schedule 2 to this Act shall have effect for supplementing this section.
(1) Her Majesty may from time to time appoint, from among persons who have a 10 year general qualification or advocates or solicitors in Scotland of at least 10 years' standing—
(a) a Chief Social Security Commissioner; and
(b) such number of other Social Security Commissioners as Her Majesty thinks fit.
(2) If the Lord Chancellor considers that, in order to facilitate the disposal of the business of Social Security Commissioners, he should make an appointment in pursuance of this subsection, he may appoint—
(a) a person who has a 10 year general qualification; or
(b) an advocate or solicitor in Scotland of at least 10 years' standing; or
(c) a member of the bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing,
to be a Social Security Commissioner (but to be known as a deputy Commissioner) for such period or on such occasions as the Lord Chancellor thinks fit.
(3) When the Lord Chancellor proposes to exercise the power conferred on him by subsection (2) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.
(4) Schedule 2 to this Act shall have effect for supplementing this section.
(1) An authority to which this section applies may refer any question of special difficulty arising for decision by the authority to one or more experts for examination and report.
(2) The authorities to which this section applies are—
(a) an adjudication officer;
(b) an adjudicating medical practitioner, or two or more such practitioners acting together;
(c) a specially qualified adjudicating medical practitioner appointed by virtue of section 62 below, or two or more such practitioners acting together;
(d) a social security appeal tribunal;
(e) a disability appeal tribunal;
(f) a medical appeal tribunal;
(g) a Commissioner;
(h) the Secretary of State.
(3) Regulations may prescribe cases in which a Commissioner shall not exercise the power conferred by subsection (1) above.
(4) In this section “expert” means a person appearing to the authority to have knowledge or experience which would be relevant in determining the question of special difficulty.
(1) Before a claim for an attendance allowance, a disability living allowance or a disability working allowance or any question relating to such an allowance is submitted to an adjudication officer under section 20 above the Secretary of State may refer the person in respect of whom the claim is made or the question is raised to a medical practitioner for such examination and report as appears to him to be necessary—
(a) for the purpose of providing the adjudication officer with information for use in determining the claim or question; or
(b) for the purpose of general monitoring of claims for attendance allowances, disability living allowances and disability working allowances.
(2) An adjudication officer may refer—
(a) a person in respect of whom such a claim is made or such a question is raised;
(b) a person who has applied or is treated as having applied for a review under section 30 or 35 above,
to a medical practitioner for such examination and report as appears to the adjudication officer to be needed to enable him to reach a decision on the claim or question or the matter under review.
(3) The Secretary of State may direct adjudication officers to refer for advice to a medical practitioner who is an officer of the Secretary of State any case falling within a specified class of cases relating to attendance allowance or disability living allowance, and an adjudication officer may refer for advice any case relating to attendance allowance or disability living allowance to such a medical practitioner without such a direction.
(4) An adjudication officer may refer for advice any case relating to disability working allowance to such a medical practitioner.
(5) A medical practitioner who is an officer of the Secretary of State and to whom a case or question relating to an attendance allowance or a disability living allowance is referred under section 53 above or subsection (3) above may refer the case or question to the Disability Living Allowance Advisory Board for advice.
(6) Such a medical practitioner may obtain information about such a case or question from another medical practitioner.
(7) A medical practitioner who is an officer of the Secretary of State and to whom a question relating to disability working allowance is referred under section 53 above may obtain information about it from another medical practitioner.
(8) Where—
(a) the Secretary of State has exercised the power conferred on him by subsection (1) above or an adjudication officer has exercised the power conferred on him by subsection (2) above; and
(b) the medical practitioner requests the person referred to him to attend for or submit himself to medical examination; but
(c) he fails without good cause to do so,
the adjudication officer shall decide the claim or question or matter under review against him.
(1) Where an appeal has been brought under section 33(1)(a) above, a person who may be nominated as chairman of a disability appeal tribunal may, if prescribed conditions are satisfied, refer the claimant to a medical practitioner for such examination and report as appears to him to be necessary for the purpose of providing a disability appeal tribunal with information for use in determining the appeal.
(2) At a hearing before a disability appeal tribunal, except in prescribed circumstances, the tribunal—
(a) may not carry out a physical examination of the claimant; and
(b) may not require the claimant to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.
(1) Where it appears to an authority to which this section applies that a matter before the authority involves a question of fact of special difficulty, then, unless regulations otherwise provide, the authority may direct that in dealing with that matter they shall have the assistance of one or more assessors.
(2) The authorities to which this section applies are—
(a) two or more adjudicating medical practitioners acting together;
(b) two or more specially qualified adjudicating medical practitioners, appointed by virtue of section 62 below, acting together;
(c) a social security appeal tribunal;
(d) a disability appeal tribunal;
(e) a medical appeal tribunal;
(f) a Commissioner;
(g) the Secretary of State.
(1) If it appears to the Chief Social Security Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for the purpose) that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone, but by a Tribunal consisting of any 3 of the Commissioners.
(2) If the decision of the Tribunal is not unanimous, the decision of the majority shall be the decision of the Tribunal.
(1) Subject to the provisions of this Act, provision may be made by regulations for the determination—
(a) by the Secretary of State; or
(b) by a person or tribunal appointed or constituted in accordance with the regulations,
of any question arising under or in connection with the Contributions and Benefits Act or the former legislation, including a claim for benefit.
(2) In this section “the former legislation” means the National Insurance Acts 1965 to 1974 and the National Insurance (Industrial Injuries) Acts 1965 to 1974 and the 1975 Act and Part II of the 1986 Act.
(3) Regulations under subsection (1) above may modify, add to or exclude any provisions of this Part of this Act, so far as relating to any questions to which the regulations relate.
(4) It is hereby declared for the avoidance of doubt that the power to make regulations under subsection (1) above includes power to make regulations for the determination of any question arising as to the total or partial recoupment of unemployment benefit in pursuance of regulations under section 132 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (including any decision as to the amount of benefit).
(5) Regulations under subsection (1) above may provide for the review by the Secretary of State of decisions on questions determined by him.
(6) The Lord Chancellor may by regulations provide—
(a) for officers authorised—
(i) by the Lord Chancellor; or
(ii) in Scotland, by the Secretary of State,
to determine any question which is determinable by a Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference;
(b) for the procedure to be followed by any such officer in determining any such question;
(c) for the manner in which determinations of such questions by such officers may be called in question.
(7) A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Commissioner is not a determination of the appeal, application or reference for the purposes of subsection (6) above.
(8) Regulations under subsection (1) above may provide—
(a) for the reference to the High Court or, in Scotland, the Court of Session for decision of any question of law arising in connection with the determination of a question by the Secretary of State; and
(b) for appeals to the High Court or Court of Session from the decision of the Secretary of State on any such question of law;
and subsections (5) to (7) of section 18 above shall apply to a reference or appeal under this subsection as they apply to a reference or appeal under subsections (1) to (3) of that section.
(1) Regulations (in this section referred to as “procedure regulations”) may make any such provision as is specified in Schedule 3 to this Act.
(2) Procedure regulations may deal differently with claims and questions relating to—
(a) benefit under Parts II to IV of the Contributions and Benefits Act;
(b) industrial injuries benefit;
(c) each of the other benefits to which section 20 above applies.
(3) At any inquiry held by virtue of procedure regulations the witnesses shall, if the person holding the inquiry thinks fit, be examined on oath; and the person holding the inquiry shall have power to administer oaths for that purpose.
(4) In proceedings for the determination of a question mentioned in section 17(1)(c) above (including proceedings on an inquiry)—
(a) in England and Wales, there shall be available to a witness (other than the person who is liable, or alleged to be liable, to pay the Class 1A contribution in question) any privilege against self-incrimination or incrimination of a spouse which is available to a witness in legal proceedings; and
(b) in Scotland, section 3 of the [1853 c. 20.] Evidence (Scotland) Act 1853 (competence and compellability of witnesses) shall apply as it applies to civil proceedings.
(5) Procedure regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.
(6) It is hereby declared—
(a) that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and
(b) that the power to provide for the manner in which questions arising for determination by the Secretary of State are to be raised includes power to make provision with respect to the formulation of any such questions, whether arising on a reference under section 117 below or otherwise.
(7) Except so far as it may be applied in relation to England and Wales by procedure regulations, the [1950 c. 27.] Arbitration Act 1950 shall not apply to any proceedings under this Part of this Act.
(1) Subject to the provisions of this Part of this Act, the decision of any claim or question in accordance with the foregoing provisions of this Part of this Act shall be final; and subject to the provisions of any regulations under section 58 above, the decision of any claim or question in accordance with those regulations shall be final.
(2) Subsection (1) above shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision.
(3) A decision (given under subsection (2) of section 44 above or otherwise) that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of subsection (5) of that section are satisfied in relation to the accident, and neither any such decision nor the reference to an adjudicating medical practitioner or a medical appeal tribunal under section 45 above of the disablement questions in connection with any claim to or award of disablement benefit is to be taken as importing a decision as to the origin of any injury or disability suffered by the claimant, whether or not there is an event identifiable as an accident apart from any injury that may have been received; but—
(a) a decision that on a particular occasion when there was no such event a person had an industrial accident by reason of an injury shall be treated as a decision that, if the injury was suffered by accident on that occasion, the accident was an industrial accident; and
(b) a decision that an accident was an industrial accident may be given, and a declaration to that effect be made and recorded in accordance with section 44 above, without its having been found that personal injury resulted from the accident (saving always the discretion under subsection (3) of that section to refuse to determine the question if it is unlikely to be necessary for the purposes of a claim for benefit).
(4) Notwithstanding anything in subsection (2) or (3) above (but subject to the provisions of this Part of this Act as to appeal and review), where for purposes of disablement pension or disablement gratuity in respect of an accident it has been found by an adjudicating medical practitioner or a medical appeal tribunal, on the determination or last determination of the disablement questions, that an injury resulted in whole or in part from the accident, then for purposes of industrial death benefit in respect of that accident the finding shall be conclusive that the injury did so result.
(5) Subsections (2) to (4) above shall apply as regards the effect to be given in any proceedings to any decision, or to a reference under section 45 above, whether the decision was given or reference made or the proceedings were commenced before or after the passing of the [1972 c. 57.] National Insurance Act 1972 (section 5 of which originally contained the provisions contained in this section), except that it shall not affect the determination of any appeal under section 48 above from a decision of a medical appeal tribunal given before the passing of that Act, nor affect any proceedings consequent on such an appeal from a decision so given; and accordingly—
(a) any decision given before the passing of that Act that a claimant was not entitled to industrial death benefit may be reviewed in accordance with this Part of this Act to give effect to subsection (4) above; and
(b) the references in subsections (2) and (3) above to provisions of this Act, and the reference in this subsection to section 45 above shall (so far as necessary) include the corresponding provisions of previous Acts.
(1) Regulations may make provision as respects matters arising—
(a) pending the determination under this Act (whether in the first instance or on an appeal or reference, and whether originally or on review)—
(i) of any claim for benefit to which this section applies; or
(ii) of any question affecting any person’s right to such benefit or its receipt; or
(iii) of any person’s liability for contributions under Part I of the Contributions and Benefits Act; or
(b) out of the revision on appeal or review of any decision under this Act on any such claim or question.
(2) Without prejudice to the generality of subsection (1) above, regulations under that subsection may include provision as to the date from which any decision on a review is to have effect or to be deemed to have had effect.
(3) Regulations under subsection (1) above as it applies to child benefit may include provision as to the date from which child benefit is to be payable to a person in respect of a child in a case where, before the benefit was awarded to that person, child benefit in respect of the child was awarded to another person.
(4) This section applies—
(a) to benefit as defined in section 122 of the Contributions and Benefits Act;
(b) to child benefit;
(c) to statutory sick pay;
(d) to statutory maternity pay;
(e) to income support;
(f) to family credit;
(g) to disability working allowance; and
(h) to any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act.
(1) Regulations shall provide for applying, in relation—
(a) to claims for benefit under sections 108 to 110 of the Contributions and Benefits Act; and
(b) to questions arising in connection with such claims or with awards of such benefit,
the provisions of this Part of this Act subject to any prescribed additions or modifications.
(2) Regulations for those purposes may in particular provide—
(a) for the appointment of specially qualified adjudicating medical practitioners and the appointment of medical officers for the purposes of the regulations (which shall be taken to include, in the case of specially qualified adjudicating medical practitioners, the purposes for which adjudicating medical practitioners are appointed and medical appeal tribunals are established); and
(b) for the payment by the prescribed persons of fees of the prescribed amount in connection with any medical examination by specially qualified adjudicating medical practitioners or any such officer and their return in any prescribed cases, and (so far as not required to be returned) their payment into the National Insurance Fund and recovery as sums due to that Fund.
(1) Regulations shall provide that, where a person has claimed—
(a) housing benefit; or
(b) a community charge benefit as regards a personal or collective community charge of a charging authority; or
(c) a community charge benefit as regards a personal or collective community charge payable to a levying authority,
the authority shall notify the person of its determination of the claim.
(2) Any such notification shall be given in such form as may be prescribed.
(3) Regulations shall make provision for reviews of determinations relating to housing benefit or community charge benefits.
(1) The Secretary of State shall appoint officers, to be known as “social fund officers”, for the purpose of performing functions in relation to payments out of the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.
(2) A social fund officer may be appointed to perform all the functions of social fund officers or such functions of such officers as may be specified in his instrument of appointment.
(3) The Secretary of State may nominate for an area a social fund officer who shall issue general guidance to the other social fund officers in the area about such matters relating to the social fund as the Secretary of State may specify.
(1) There shall continue to be an officer, to be known as “the social fund Commissioner” (in this section referred to as “the Commissioner”).
(2) The Commissioner shall be appointed by the Secretary of State.
(3) The Commissioner—
(a) shall appoint such social fund inspectors; and
(b) may appoint such officers and staff for himself and for social fund inspectors,
as he thinks fit, but with the consent of the Secretary of State and the Treasury as to numbers.
(4) Appointments under subsection (3) above shall be made from persons made available to the Commissioner by the Secretary of State.
(5) It shall be the duty of the Commissioner—
(a) to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;
(b) to arrange such training of social fund inspectors as he considers appropriate; and
(c) to carry out such other functions in connection with the work of social fund inspectors as the Secretary of State may direct.
(6) The Commissioner shall report annually in writing to the Secretary of State on the standards of reviews by social fund inspectors and the Secretary of State shall publish his report.
(1) A social fund officer—
(a) shall review a determination made under the Contributions and Benefits Act by himself or some other social fund officer, if an application for a review is made within such time and in such form and manner as may be prescribed by or on behalf of the person who applied for the payment to which the determination relates; and
(b) may review such a determination in such other circumstances as he thinks fit;
and may exercise on a review any power exercisable by an officer under Part VIII of the Contributions and Benefits Act.
(2) The power to review a determination conferred on a social fund officer by subsection (1) above includes power to review a determination made by a social fund officer on a previous review.
(3) On an application made by or on behalf of the person to whom a determination relates within such time and in such form and manner as may be prescribed a determination of a social fund officer which has been reviewed shall be further reviewed by a social fund inspector.
(4) On a review a social fund inspector shall have the following powers—
(a) power to confirm the determination made by the social fund officer;
(b) power to make any determination which a social fund officer could have made;
(c) power to refer the matter to a social fund officer for determination.
(5) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.
(6) In determining a question on a review a social fund officer or social fund inspector shall have regard, subject to subsection (7) below, to all the circumstances of the case and, in particular, to the matters specified in section 140(1)(a) to (e) of the Contributions and Benefits Act.
(7) An officer or inspector shall determine any question on a review in accordance with any general directions issued by the Secretary of State under section 140(2) of the Contributions and Benefits Act and any general directions issued by him with regard to reviews and in determining any such question shall take account of any general guidance issued by him under that subsection or with regard to reviews.
(8) Directions under this section may specify—
(a) the circumstances in which a determination is to be reviewed; and
(b) the manner in which a review is to be conducted.
(9) In reviewing a question under this section a social fund officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the social fund officer nominated for his area under section 64(3) above.
(10) A social fund inspector reviewing a determination shall be under the same duties in relation to such guidance as the social fund officer or inspector who made the determination.
(1) A determination by the competent authority that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 148 of the Contributions and Benefits Act; and in this subsection “competent authority” means, in relation to a payment of any description of a qualifying benefit, an authority that ordinarily determines whether a person is entitled to such a payment.
(2) Any question arising under that section other than one determined or falling to be determined under subsection (1) above shall be determined by the Secretary of State whose decision shall except as provided by subsection (3) below be final.
(3) The Secretary of State may reverse a decision under subsection (2) above on new facts being brought to his notice or if he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact.
(4) Expressions used in this section to which a meaning is assigned by section 150 of the Contributions and Benefits Act have that meaning in this section.
(1) This section applies where—
(a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and
(b) after both—
(i) 13th July 1990 (the date of the coming into force of section 165D of the 1975 Act, the provision of that Act corresponding to this section); and
(ii) the date of the relevant determination,
a claim which falls, or which would apart from this section fall, to be decided in accordance with the relevant determination is made or treated under section 7(1) above as made by any person for any benefit.
(2) Where this section applies, any question which arises on, or on the review of a decision which is referable to, the claim mentioned in subsection (1)(b) above and which relates to the entitlement of the claimant or any other person to any benefit—
(a) in respect of a period before the relevant date; or
(b) in the case of a widow’s payment, in respect of a death occurring before that date,
shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.