Social Security Act 1998

20 Medical examination required by appeal tribunal

(1) This section applies where an appeal has been brought under section 12 above against a decision on a claim for a relevant benefit, or as to a person’s entitlement to such a benefit F1 ....

(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 [F2 health care professional approved by the Secretary of State] 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 subsection “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.

[F3 (2A) The power under subsection (2) to refer a person to a health care professional approved by the Secretary of State 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 subsection (2) above; 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.

Textual Amendments

F1 Words in s. 20(1) repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 31, Sch. 10 Pt. I (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F2 Words in s. 20(2) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(3), 70(1)

F3 S. 20(2A) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 62(4), 70(1)

Commencement Information

I1 S. 20 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I2 S. 20 in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)

I3 S. 20 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I4 S. 20(1)(2)(3)(a) in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)

I5 S. 20(1)(2)(3)(a) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)

I6 S. 20(1)(2)(3)(a) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)