Regulation 23 Appeals to Commissioners from decisions of the Attendance Allowance Board
Subject to paragraph (1A), after the 5th April 1992 an appeal lies to a Commissioner, with his leave or that of another Commissioner, against a determination by the Attendance Allowance Board of any question of law arising from either—
a review made by the Attendance Allowance Board under section 106(1) of the 1975 Act, or
a refusal by the Attendance Allowance Board to review a determination made by them under section 105(3) or 106(1) of the 1975 Act,
at the instance of the claimant in question or the Secretary of State.
Those provisions of the Social Security Commissioners Procedure Regulations 1987 which on 5th April 1992 applied to applications or appeals made under section 106(2) of the 1975 Act shall apply in like manner to applications and appeals made under paragraph (1).
F2On or after 16th March 1992 where the Commissioner holds that the Board’s decision was erroneous in point of law, he shall set it aside and—
he shall have the power—
to give the decision which he considers the Board should have given, if he can do so without making fresh or further findings of fact; or
if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; or
in any other case he shall refer the case for second tier adjudication with directions for its determination.
Where in accordance with paragraph (2)(a) the Commissioner gives the decision himself, he shall refer that decision to the adjudication officer with directions to determine the claim or application for review from which the appeal to the Commissioner arose.
Annotations
Textual amendments
- F1
Reg. (1) and reg. (1A) substituted (16.3.92) for reg. (1) by S.I. 1992/728, reg. 1(1), 4(a)
- F2
Words in reg. 23(2) inserted (16.3.92) by S.I. 1992.728, reg. 1(1), 4(b)