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(a) regulation 2(2)(c)(iii) (decision relating to a child's temporary absence abroad);

(b) regulation 7(3) (certain days of absence abroad disregarded).

     4. A decision of the Secretary of State made in accordance with the discretion conferred upon him by regulation 2(1) or (3) of the Child Benefit (General) Regulations 1976[45] (provisions relating to contributions and expenses in respect of a child).

(a) regulation 19 as to the time for claiming benefit;

(b) regulation 37AB[46] as to the payment of withheld benefit;

(c) regulation 38 as to the extinguishment of the right to payment of sums by way of benefit where payment is not obtained within the prescribed period; and

(d) the following provisions of Schedule 9 and regulation 35(1) in so far as it relates to them - 


(i) paragraph 3 relating to the amount deductible by way of housing costs;

(ii) paragraph 4 relating to the amount of miscellaneous housing costs payable direct to a third party;

(iii) paragraph 4A[47] relating to the direct payment to a third party of benefit payable to or in respect of persons resident in hostels;

(iv) paragraph 5 relating to payments of benefit direct to the claimant's or his partner's landlord;

(v) paragraph 6 relating to the payment out of benefit of fuel costs;

(vi) paragraph 7 relating to the payment out of benefit of water charges;

(vii) paragraph 7A[48] in connection with amounts payable in place of child support maintenance;

(viii) paragraph 7B[49] as to whether an amount in respect of arrears of child support maintenance is to be deducted from a person's jobseeker's allowance; and

(ix) paragraph 9(3) as to the priority between liabilities for items of gas and electricity.

Contracted Out Pension Schemes

     6. A decision of the Secretary of State under section 109 of the Pension Schemes Act 1993[50] or any Order made under it (annual increase of guaranteed minimum pensions).

(a) whether there is an outstanding sum due of the amount sought to be deducted;

(b) whether benefit is sufficient for a deduction to be made; and

(c) on the priority to be given to any deduction.

European Community Regulations

     10. An authorization given by the Secretary of State in accordance with article 22(1) or 55(1) of Council Regulation (EEC) No. 1408/71[55] on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

(a) disablement pension be increased under section 104 of the Contributions and Benefits Act (constant attendance); or

(b) disablement pension be further increased under section 105 of the Contributions and Benefits Act (exceptionally severe disablement);

and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.

     15. A decision of the Secretary of State under regulation 2(2) of the Social Security (Industrial Injuries and Diseases) Miscellaneous Provisions Regulations 1986[57] as to the length of any period of interruption of education which is to be disregarded.

     16. A decision of the Secretary of State to approve or not to approve a person undertaking work for the purposes of regulation 17 of the Social Security (General Benefit) Regulations 1982[58].

     17. A decision of the Secretary of State as to how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

(a) regulation 3(1)(a) to offset any interim payment made in anticipation of an award of benefit;

(b) regulation 4(1) as to the overpayment of an interim payment;

(c) regulation 5 as to the offsetting of a prior payment against a subsequent award;

(d) regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

(e) regulation 13 as to the sums to be deducted in calculating recoverable amounts;

(f) regulation 14(1) as to the treatment of capital to be reduced;

(g) regulation 19 determining a claimant's protected earnings; and

(h) regulation 24 whether a determination as to a claimant's protected earnings is revised or superseded.

Persons Abroad

     21. A decision of the Secretary of State made under - 

(a) regulation 2(1)(a) of the Social Security Benefit (Persons Abroad) Regulations 1975[61] whether to certify that it is consistent with the proper administration of the Contributions and Benefits Act that a disqualification under section 113(1)(a) of that Act should not apply;

(b) regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Great Britain longer than that specified in the regulation.

Reciprocal Agreements

     22. A decision of the Secretary of State made in accordance with an Order made under section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom).

(a) have a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990[62]); or

(b) are advocates or solicitors in Scotland.

Medical Qualifications

     2. Fully registered medical practitioners, where - 

(a) the practitioner's name appears on a medical specialist register maintained in any EEA State in accordance with the Medical Directive; or

(b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or

(c) the practitioner does not satisfy the requirements of sub-paragraphs (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical analyst or research worker in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.

     3. In paragraph 2 above and in this paragraph - 

"EEA Agreement" means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[63];

"EEA State" means a state which is a contracting party to the EEA Agreement;

"Medical Directive" means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications[64], as amended by Council Directive 97/50/EC of 6th October 1997[65];

"Vocational training certificate" means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.

(a) the Institute of Chartered Accountants in England and Wales;

(b) the Institute of Chartered Accountants in Scotland;

(c) the Institute of Chartered Accountants in Ireland;

(d) the Association of Chartered Certified Accountants;

(e) the Chartered Institute of Management Accountants; or

(f) the Chartered Institute of Public Finance and Accountancy.

Disability Qualifications

     5. Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons - 

(a) in a professional or voluntary capacity; or

(b) because they are themselves disabled.

[39] 1991 c.48.back

[40] 1992 c.5.back

[41] 1993 c.48.back

[42] 1997 c.27.back

[43] 1998 c.14.back

[44] S.I. 1976/963; the relevant amending instrument is S.I. 1976/1758.back

[45] S.I. 1976/965; the relevant amending instrument is S.I. 1976/1758.back

[46] Regulation 37AB was inserted by S.I. 1994/2319.back

[47] Paragraph (4A) was inserted by S.I. 1991/2284 and amended by S.I. 1992/2595.back

[48] Paragraph 7A was inserted by S.I. 1993/478, substituted by S.I. 1993/2113 and then amended by S.I. 1996/481.back

[49] Paragraph 7B was inserted by S.I. 1996/2344.back

[50] 1993 c.48.back

[51] S.I. 1992/2182.back

[52] S.I. 1990/545.back

[53] S.I. 1989/507.back

[54] S.I. 1993/494.back

[55] See Council Regulation (EEC) No. 1408/71, O.J. No. L149/2, 5.7.71 (O.J./S.E. 1971(II) page 416).back

[56] S.I. 1975/515.back

[57] S.I. 1986/1561.back

[58] S.I. 1982/1408; the relevant amending instruments are S.I. 1983/186 and S.I. 1986/1561.back

[59] S.I. 1991/2890.back

[60] S.I. 1988/664; the relevant amending instruments are S.I. 1988/668, 1991/2742, 1993/650 and 1996/1345.back

[61] S.I. 1975/563; the relevant amending instruments are S.I. 1976/409, 1977/342 and 1679, 1979/463 and 1432, 1981/1157, 1982/388 and 1738, 1983/186, 1984/1303, 1986/1545 and 1561, 1988/435, 1989/1642, 1990/40 and 621, 1991/2742, 1992/1700 and 2595, 1994/268 and 1832, 1995/829 and 1996/207 and 1345.back

[62] 1990 c.41.back

[63] Cm. 2183 and OJ No.L1, 3.1. 1994, p.572.back

[64] OJ. No. L165, 7.7. 1993 page 1.back

[65] OJ. No. L921, 24.10. 1997, page 35.back