# The Social Security (Adjudication) Regulations 1995, Regulation 53: Review of decision on diagnosis or recrudescence question

Extent: E+W+S

(1) Any decision on a diagnosis or recrudescence question of an adjudication officer, adjudicating medical authority or medical appeal tribunal may be reviewed at any time by a medical board if they are satisfied by fresh evidence that the decision was given in ignorance of, or was based on mistake as to, some material fact, so however that a decision of a medical appeal tribunal on a diagnosis or recrudescence question shall not be reviewed by a medical board without the leave of a medical appeal tribunal.
(2) A question may be raised with a view to the review of any decision on a diagnosis or recrudescence question by means of an application in writing to an adjudication officer, and on receipt of such application the adjudication officer shall proceed to refer such question to a medical board, so however that where in the opinion of the adjudication officer such application raises a question as to the review of a decision of a medical appeal tribunal on a diagnosis or recrudescence question, the adjudication officer shall submit the application to a medical appeal tribunal so that such tribunal may consider whether leave shall be granted and shall not refer the question to a medical board unless the medical appeal tribunal grant leave.
(3) Subject to the foregoing provisions of this regulation, a medical board may deal with a case on review in any manner in which it could deal with it on an original reference to it, and regulation 49 shall apply to a decision of a medical board in connection with an application for review as it applies to a decision on an original reference to it.

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Source: https://www.legislation.gov.uk/uksi/1995/1801/regulation/53 (the official version)
Page: https://openlegislation.uk/social-security-adjudication-regulations-1995/regulation-53
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.