OpenLegislation

Regulation 46 Procedure on receipt of medical reportI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If a diagnosis or recrudescence question has been referred as provided by regulation 45(1), the adjudication officer shall, subject to the provisions of paragraph (4), proceed with the consideration of that question as soon as possible after he has received the report of the medical practitioner or practitioners to whom it was so referred.

(2)

If the question so referred was a diagnosis question, then, subject to regulation 47(1), the adjudication officer may himself determine the question or refer it to an adjudicating medical authority for decision.

(3)

If the question so referred was a recrudescence question, then, subject to regulation 47, the adjudication officer—

(a)

if he is satisfied having regard to the report that the disease ought to be treated as having been, in fact, contracted afresh, shall so treat it and shall determine the question accordingly;

(b)

if he is not so satisfied, shall treat the disease as a recrudescence of the previous attack or as not having developed on or after 5th July 1948, as the case may require, and shall determine the question accordingly.

(4)

Subject to the provisions of these Regulations, the provisions of sections 22, 25 to 29, 37 and 69 of the Administration Act shall apply as if a diagnosis or recrudescence question were a question such as is referred to in section 37(1) of that Act and as if references in those sections to the determination of, or to the review of the decision of, such a question included references to the determination of, or to the review of the decision of, a diagnosis or recrudescence question under these Regulations.

Annotations

Commencement

I1

Reg. 46 in force at 10.8.1995, see reg. 1(1)