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Regulation 24 Amendment of the principal Regulations

Original text. Later amendments are not shown.

In regulation 36—

(a)

in paragraph (1) the words “, including an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48,” shall be omitted;

(b)

in paragraph (2) for the words “paragraphs (3) to (5)” there shall be substituted the words “paragraphs (3) to (5), (8) and (9)”;

(c)

in paragraph (2)(a)(i) for the words “all work test” there shall be substituted the words “personal capability assessment”;

(d)

in paragraph (2)(b)(i) after the words “the appeal” there shall be inserted the words “(not being an appeal where the only issue is whether there should be a declaration of an industrial accident under section 29(2)) ”;

(e)

in paragraph (5) for the words “or (3)” there shall be substituted the words “, (3) or (9)”;

(f)

in paragraph (6) for the words “a disability working allowance” there shall be substituted the words “a disabled person’s tax credit”f1;

(g)

in paragraph (7) for the words “all work test” there shall be substituted the words “personal capability assessment”; and

(h)

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

“(8)

A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.

(9)

Subject to paragraph (5), an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48 shall consist of a legally qualified panel member.”.

Annotations

Footnotes

f1

The Tax Credits Act 1999 (c. 10); section 1 and Schedule 1, paragraphs 1(b) and 2(h), substituted the words “disabled person’s tax credit ” for the words “disability working allowance” in section 129 of the Social Security Contributions and Benefits Act 1992 (c. 4).