Article 20 Medical examination required by appeal tribunalF1

Northern Ireland

F2(1)

This Article applies where an appeal has been brought under Article 13 against a decision on a claim for a relevant benefit, or as to a person's entitlement to such a benefitF3. . . .

(2)

An eligible person may, if prescribed conditions are satisfied, refer the person—

(a)

in respect of whom the claim is made; or

(b)

whose entitlement is at issue,

to a F4health care professional approved by the Department for such examination and report as appears to the eligible person to be necessary for the purpose of providing an appeal tribunal with information for use in determining the appeal.

In this paragraph “eligible person” means a person who is eligible to be appointed as the sole member of an appeal tribunal, or to be nominated as the chairman of such a tribunal.

F5(2A)

The power under paragraph (2) to refer a person to a health care professional approved by the Department includes power to specify the description of health care professional to whom the person is to be referred.

(3)

At a hearing before an appeal tribunal, except in prescribed cases or circumstances, the tribunal—

(a)

may not carry out a physical examination of the person mentioned in paragraph (2); and

(b)

may not require that person to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.

Annotations

Textual amendments

F1: mod. by SR 1999/349, 350
F2: prosp. in pt. certain functions transf. by 2002 c. 21
F3: SI 1999/671
F4: Words in art. 20(2) substituted (29.6.2007) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 55(4), 60(2)(a)
F5: Art. 20(2A) inserted (29.6.2007) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 55(5), 60(2)(a)

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481

Notes on Chapter II

Modifications

C1: Pt. 2 Ch. 2 (arts. 9-39) applied (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 18(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1
C2: Pt. 2 Ch. 2 (arts. 9-39) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 135(8), 170(3); S.I. 2008/3137, art. 2
C3: Pt. 2 Ch. 2 (arts. 9-39) modified by 1992 c. 7, Sch. 4C para. 4 (as inserted (prosp.) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 81(5), 118(1), Sch. 2)
C4: Pt. 2 Ch. 2 (arts. 9-39) applied (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 6, Sch. 1
C5: Pt. 2 Ch. 2 (arts. 9-39) applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
C6: Pt. 2 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for the purposes of the trial, 21.4.2017 in so far as not already in operation) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(b), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)
C7: Pt. 2 Ch. 2 modified (24.7.2020) by The Universal Credit (Northern Ireland Reciprocal Arrangements) Regulations 2020 (S.I. 2020/677), regs. 1, 2, Sch.
C8: Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1 of the amending Order) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), arts. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)
C9: Pt. 2 Ch. 2 modified (1.1.2021) by The Social Security (Norway) Order (Northern Ireland) 2020 (S.R. 2020/357), arts. 1(2), 2, Sch.
C10: Pt. 2 Ch. 2 modified (9.9.2021) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), arts. 1(2), 2(2)(d), Sch.
C11: Pt. II Ch. II modified (19.10.2023) by The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023 (S.R. 2023/181), arts. 1(1), 2, Sch.
C12: Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1(3) of the amending Order) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), arts. 1(3), 2(2)(d)