The Social Security (Adjudication) Regulations (Northern Ireland) 1995

Additional provisions relating to the powers and decisions of adjudicating medical authorities

54.—(1) Adjudicating medical authorities shall, when determining any question in respect of each of the diseases numbered B6, C15, C17, C18, C22(b), D1, D2, D3, D7, D8, D9, D10, D11 and D12 in Part I of Schedule 1 to the Prescribed Diseases Regulations, have power—

(a) to make or cause to be made a radiological examination of the claimant’s lungs;

(b) to obtain the report of a radiologist on the case;

(c) to make or cause to be made serological or lung function tests or such other tests as they consider necessary; and

(d) to obtain reports upon the results of such tests.

(2) Where, in respect of a claim for disablement benefit by reason of prescribed disease Dl (pneumoconiosis) or D2 (byssinosis), an adjudicating medical authority 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 authority or tribunal may, on the evidence before it at the time of its decision, determine also the date from which the claimant has or had suffered from that disease;

(b) notwithstanding the provisions of section 58(1) of the Administration Act, in making that determination, the authority or tribunal shall not be bound by any previous decision of an adjudication officer or adjudicating medical authority 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.