Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) (“the principal Regulations”).
Regulation 2(a) amends regulation 36 of the principal Regulations (composition of appeal tribunals constituted under section 7 of the Social Security Act 1998 (c. 14)). An appeal tribunal hearing an appeal which is made under section 11(1)(b) of the Social Security (Recovery of Benefits) Act 1997 (c. 27) or which concerns the all work test (as defined in regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 (S.I. 1995/311)) shall consist of a legally qualified panel member and a medically qualified panel member. The expressions “legally qualified panel member” and “medically qualified panel member” are defined in regulation 1(3) of the principal Regulations by reference to Schedule 3 to those Regulations.
An appeal tribunal hearing an appeal which is made under section 4 of the Vaccine Damage Payments Act 1979 (c. 17) or which concerns industrial injuries benefit or severe disablement allowance shall consist of a legally qualified panel member and—
one medically qualified panel member;
two medically qualified panel members; or
one medically qualified panel member and a member drawn from the panel constituted under section 6 of the Social Security Act 1998 for the purposes of providing further experience for that additional member or for assisting the President in the monitoring of standards of decision making by panel members.
Regulation 2(b) makes a minor amendment which is consequential on the amendment made by regulation 2(a).
These Regulations do not impose a charge on business.