The Social Security (Industrial Injuries and Adjudication) Regulations 1993

The Adjudication Regulations shall be amended in accordance with this Part of these Regulations and in this Part a reference to a numbered regulation is to the regulation in the Adjudication Regulations which bears that number.

In regulation 1(2) (interpretation)—

In regulation 41(2)(b)^f1 (application of Part III of the 1975 Act and of the Adjudication Regulations) for “, D9 and D10” there shall be substituted “, D9, D10 and D11”.

In regulation 43(2) (procedure on receipt of a medical report) for the words “a medical board for their decision” there shall be substituted the words “an adjudicating medical authority for decision”.

In regulation 44 (restriction of adjudication officer’s power to determine diagnosis and recrudescence questions) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority” and for the words “the medical board” in paragraph (2) of that regulation there shall be substituted the words “the adjudicating medical authority”.

In regulation 45 (appeal against decision of adjudication officer) for the words “a medical board”, in each place where they occur, there shall be substituted “an adjudicating medical authority” and for the words “the medical board”, in each place where they occur, there shall be substituted the words “the adjudicating medical authority”.

In regulation 46 (appeal or reference to a medical appeal tribunal) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority”.

In regulation 47 (powers of medical appeal tribunal upon determining the question referred) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority”.

In regulation 48 (review of previous assessment following recrudescence decision) for the words “the medical board” there shall be substituted the words “the adjudicating medical authority”.

In regulation 50(1) (review of decision on diagnosis or recrudescence question) for the words “medical board” where they first occur, there shall be substituted the words “adjudicating medical authority”.

For regulation 51 (additional provisions relating to the powers and decisions of special medical boards) there shall be substituted the following regulation—

“Additional provisions relating to the powers and decisions of specially qualified adjudicating medical practitioners and special medical boards

51

(1)

Specially qualified adjudicating medical practitioners and special medical boards shall have power to make or cause to be made a radiological examination of the lungs of the claimant and to obtain the report of a radiologist on the case, and to make or cause to be made serological, lung function and such other tests as they consider necessary and to obtain reports upon the results of such tests.

(2)

Where in respect of a claim for disablement benefit by reason of prescribed disease D1 (pneumoconiosis) or D2 (byssinosis) a specially qualified adjudicating medical practitioner, special medical board or a medical appeal tribunal gives a decision under the foregoing provisions of these Regulations that the claimant is or was suffering from one or other of those diseases—

(a)

that practitioner, board or tribunal may on the evidence before him or it at the time of that decision, determine also the date from which the claimant has or had suffered from that disease; and

(b)

notwithstanding the provisions of section 60(1) of the Administration Act (finality of decisions) in making that determination, the practitioner, board or tribunal shall not be bound by any previous decision of an adjudication officer, specially qualified adjudicating medical practitioner or special medical board that the claimant was not suffering from that disease; and

(c)

any such previous decision, in so far as it is inconsistent with the said determination, shall cease to have effect.”.

The Prescribed Diseases Regulations shall be amended in accordance with this Part of these Regulations and in this Part a reference to a numbered regulation is to the regulation in the Prescribed Diseases Regulations which bears that number.

In regulation 23 (reduced earnings allowance-special provision for pneumoconiosis cases)^f1 after the words “advice from a special medical board” there shall be inserted the words “or a specially qualified adjudicating medical practitioner”.

In regulation 27 (further claims in respect of occupational deafness) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority”.

In regulation 31 (review of assessment for unforeseen aggravation in respect of occupational deafness) for the words “a medical board” there shall be substituted the words “an adjudicating medical authority”.

In paragraph (2) of regulation 40 (conditions of suspension) after the words “special medical board” there shall be inserted the words “or specially qualified adjudicating medical practitioner”.

Nothing in these Regulations shall be taken to affect the validity of any reference to, or any proceedings of or any decision of, a medical board if the reference was made, or the proceedings were begun, before the date upon which these Regulations come into force.

(This note is not part of the Regulations)