The Workmen's Compensation (Supplementation) (Amendment) Scheme 1984

Statutory Instruments

1984 No. 452

SOCIAL SECURITY

The Workmen'S Compensation (Supplementation) (Amendment) Scheme 1984

Made

28th March 1984

Laid before Parliament

2nd April 1984

Coming into Operation

23rd April 1984

The Secretary of State for Social Services, after consultation with the Council on Tribunals in so far as required by section 10 of the Tribunals and Inquiries Act 1971, and with the consent of the Treasury, in exercise of the powers conferred by sections 2 and 4(2), (3), (4) and (8) of the Industrial Injuries and Diseases (Old Cases) Act 1975(1) and of all other powers enabling him in that behalf, by this instrument, which is made in consequence of section 25 of and Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983 and which is accordingly exempt from the requirement of section 4(8)(a) of the Industrial Injuries and Diseases (Old Cases) Act 1975 (scheme not to be made unless a draft of that scheme has been approved by resolution of each House of Parliament(2), hereby makes the following scheme:—

Citation, interpretation and commencement

1.  This scheme, which may be cited as the Workmen's Compensation (Supplementation) (Amendment) Scheme 1984, shall be read as one with the Workmen's Compensation (Supplementation) Scheme 1982(3) (“the principal scheme”) and shall come into operation on 23rd April 1984.

Amendment of the Workmen's Compensation (Supplementation) Scheme 1982

2.—(1) The principal scheme shall be amended in accordance with the following provisions of this article.

(2) In article 12 of the principal scheme for the reference to the Social Security (Determination of Claims and Questions) Regulations 1975 there shall be substituted a reference to the Social Security (Adjudication) Regulations 1984.

3.  In Schedule 2 to thé principal scheme for the entries relating to the Social Security (Determination of Claims and Questions) Regulations 1975 there shall be substituted the following entries—

   

“The Social Security (Adjudication) Regulations 1984
Regulation 2	Procedure in connection with determinations; and right to representation.
Regulation 3	Manner of making applications, appeals or references; and time limits.
Regulation 4	Oral hearings.
Regulation 5	Postponement and adjournment.
Regulation 6	Withdrawal of appeals, applications for leave to appeal and references.
Regulation 7	Medical references.
Regulation 8	Non-disclosure of medical evidence.
Regulation 9	Correction of accidental errors in decisions.
Regulation 10	Setting aside of decisions on certain grounds.
Regulation 11	Provisions common to regulations 9 and 10.
Regulation 17	Procedure on claim or question involving question for determination by Secretary of State.
Regulation 18	Oral hearing of appeals and references.
Regulation 19	Decisions of appeal tribunals.
Regulation 26	Procedure before Commissioner on application for leave to appeal or appeal.
Regulation 83	Review of decisions involving payment or increase of industrial injuries benefit.
Regulation 85	Adjustment of industrial injuries benefit on review or appeal.”

Signed by authority of the Secretary of State for Social Services.

Tony Newton

Parliamentary Under-Secretary of State

Department of Health and Social Security

22nd March 1984

We consent.

T. Garel-Jones

Alastair Goodlad

Two of the Lords Commissioners of Her Majesty's Treasury

28th March 1984

EXPLANATORY NOTE

This scheme makes amendments to the Workmen's Compensation Supplementation Scheme 1982 (“the principal scheme”) consequential on the passing of the Health and Social Services and Social Security Adjudications Act 1983 and the making of the Social Security (Adjudication) Regulations 1984.

It substitutes for the references to the Social Security (Determination of Claims and Questions) Regulations 1975 (S.I. 1975/558) in article 12 of and Schedule 2 to the principal scheme references to the corresponding provisions of the Social Security (Adjudication) Regulations 1984.

(1)

, as amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 11(1).

(2)

See the Health and Social Services and Social Security Adjudications Act 1983, Schedule 8, paragraph 31(4).

(3)

, to which there is an amendment not relevant to this scheme.