Social Security (Adjudication) Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/1801

1995 No. 1801

SOCIAL SECURITY

The Social Security (Adjudication) Regulations 1995

Made 13th July 1995

Laid before Parliament 20th July 1995

Coming into force 10th August 1995

The Secretary of State for Social Security in exercise of the powers set out in Schedule 1, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19921, hereby makes the following Regulations:

1 GENERAL

PART I

GENERAL

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Adjudication) Regulations 1995 and shall come into force on 10th August 1995.

(2) In these Regulations, unless the context otherwise requires—

“the Acts” means the Social Security Contributions and Benefits Act 19922and the Social Security Administration Act 19923;

“the Administration Act” means the Social Security Administration Act 19923;

“adjudicating authority” means, as the case may be, an adjudicating medical practitioner, the Chief or any other adjudication officer, an appeal tribunal, a medical appeal tribunal, a disability appeal tribunal, a medical board or a special medical board;

“adjudicating medical authority” has the meaning assigned to it by regulation 34;

“adjudicating medical practitioner” means a medical practitioner appointed in accordance with section 49(1) of the Administration Act;

“adjudication officer” means an officer appointed in accordance with section 38(1) of the Administration Act;

“appeal tribunal” means a social security appeal tribunal constituted in accordance with section 41(1) to (5) of the Administration Act;

“Chief Adjudication Officer” means the Chief Adjudication Officer appointed under section 39(1) of the Administration Act;

“claimant” means a person who has claimed benefit under the Acts (including, in relation to an award or decision, a beneficiary under the award or a person affected by the decision) or from whom benefit is alleged to be recoverable, and in relation to statutory sick pay and statutory maternity pay includes both the employee alleged to be entitled to and the employer alleged to be liable to pay such pay;

“Commissioner” means the Chief or any other Social Security Commissioner appointed in accordance with section 52(1) of the Administration Act and includes a Tribunal of 3 such Commissioners constituted in accordance with section 57 of that Act;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19924;

“disability appeal tribunal” means a tribunal constituted in accordance with section 43 of the Administration Act;

“disability question” has the meaning assigned by regulation 27(2);

“full-time chairman” means a regional or other full-time chairman of appeal tribunals, medical appeal tribunals and disability appeal tribunals appointed under section 51 of the Administration Act;

“income support” means income support under Part VII of the Contributions and Benefits Act and includes personal expenses addition, special transitional addition and transitional addition as defined in the Income Support (Transitional) Regulations 19875;

“Income Support Regulations” means the Income Support (General) Regulations 19876;

“inquiry” means an inquiry held pursuant to section 17(4) of the Administration Act;

“local office” means an office of the Department of Social Security, an office of the Department for Education and Employment or the office of the Chief Adjudication Officer;

“medical appeal tribunal” means a tribunal constituted in accordance with section 50 of the Administration Act;

“medical board” and“special medical board” have the meanings assigned to them by regulation 34;

“party to the proceedings” means—

(a) the claimant;

(b) in proceedings before an appeal tribunal or a disability appeal tribunal, the adjudication officer;

(c) in proceedings relating to the determination of a question included in section 17(1) of the Administration Act, any person interested within the meaning of regulation 12;

(d) in any other proceedings, the adjudication officer and the Secretary of State except in proceedings in which the adjudication officer or the Secretary of State is the adjudicating authority;

(e) any other person appearing to the Secretary of State, the adjudicating authority or, in the case of a tribunal or board, its chairman or in relation to an inquiry, the person appointed to hold the inquiry, to be interested in the proceedings;

“the Prescribed Diseases Regulations” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 19857;

“President” means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals appointed under section 51(1) of the Administration Act;

“proceedings” means proceedings on a claim, application, appeal or reference to which these Regulations apply;

“specially qualified adjudicating medical practitioner” means a specially qualified adjudicating medical practitioner appointed by virtue of section 62 of the Administration Act; and

“the Supplementary Benefits Act” means the Supplementary Benefits Act 19768.

(3) Where, by any provision of the Acts or of these Regulations—

(a)

(a) any notice or other document is required to be given or sent to any office, that notice or document shall be treated as having been so given or sent on the day that it is received in that office; and

(b)

(b) any notice or other document is required to be given or sent to any person, that notice or document shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the day that it was posted.

(4) Unless the context otherwise requires, any reference in these Regulations to a numbered or lettered Part, section, regulation or Schedule is a reference to the Part, Section, regulation or Schedule bearing that number or letter in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

(5) Unless otherwise provided, where by these Regulations any power is conferred on a chairman of an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal then—

(a)

(a) if the power is to be exercised at the hearing of an appeal or application, it shall be exercised by the chairman of the tribunal hearing the appeal or application; and

(b)

(b) otherwise, it shall be exercised by a person who is eligible to be nominated to act as a chairman of an appeal tribunal under section 41 of the Administration Act9.

2 COMMON PROVISIONS

PART II

COMMON PROVISIONS

Procedure in connection with determinations; and right to representation
S-2 Procedure in connection with determinations; and right to representation

Procedure in connection with determinations; and right to representation

2.—(1) Subject to the provisions of the Administration Act and of these Regulations—

(a)

(a) the procedure in connection with the consideration and determination of any claim or question to which these Regulations relate shall be such as the Secretary of State, the adjudicating authority or the person holding the inquiry, as the case may be, shall determine; so however that in the case of a tribunal or board, the procedure shall be such as the chairman shall determine;

(b)

(b) any person who by virtue of the provisions of these Regulations has the right to be heard at a hearing or an inquiry may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at any such hearing or inquiry, any such representative shall have all the rights and powers to which the person whom he represents is entitled under the Administration Act and these Regulations.

(2) For the purpose of arriving at its decision an appeal tribunal, a medical board, a special medical board, a medical appeal tribunal or a disability appeal tribunal, as the case may be, shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal or board, other than the person acting as clerk to the tribunal or board, to withdraw from the sitting of the tribunal or board, except that,

(a)

(a) a member of the Council on Tribunals or of the Scottish Committee of the Council and the President and any full-time chairman; and

(b)

(b) with the leave of the chairman of the tribunal or board, and if no person having the right to be heard objects, any person mentioned in regulation 4(6)(b) and (d) (except a person undergoing training as an adjudication officer or as an adjudicating medical practitioner),

may remain present at any such sitting.

(3) Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council from being present at a hearing before an appeal tribunal, a medical appeal tribunal or a disability appeal tribunal or at any inquiry, in his capacity as such, notwithstanding that the hearing or inquiry is not in public.

Manner of making applications, appeals or references; and time limits
S-3 Manner of making applications, appeals or references; and time limits

Manner of making applications, appeals or references; and time limits

3.—(1) Any application, appeal or reference mentioned in column (1) of Schedule 2 shall be in writing and shall be made or given by sending or delivering it to the appropriate office within the specified time.

(2) In this regulation—

(a)

(a) “the appropriate office” means the office specified in column (2) of Schedule 2 opposite the description of the relevant application, appeal or reference listed in column (1); and

(b)

(b) “the specified time” means the time specified in column (3) of that Schedule...

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