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PART IIN.I.DECISIONS AND APPEALS

CHAPTER IIN.I.SOCIAL SECURITY DECISIONS AND APPEALS

Modifications etc. (not altering text)

C1Pt. 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

C2Pt. 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

C3Pt. 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)

C6Pt. 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)

Medical examinationsN.I.

Medical examination required by the DepartmentN.I.

19 .F1—F2F3(1) Before making a decision on a claim for a relevant benefit, or as to a person's entitlement to such a benefitF4. . . , the Department may refer the person—

(a)in respect of whom the claim is made; or

(b)whose entitlement is at issue,

to a [F5health care professional approved by the Department] for such examination and report as appears to the Department to be necessary for the purpose of providing it with information for use in making the decision.

(2) Paragraph (3) applies where—

(a)the Department has exercised the power conferred on it by paragraph (1); and

(b)the [F6health care professional approved by the Department] requests the person referred to him to attend for or submit himself to medical examination.

(3) If the person fails without good cause to comply with the request, the Department shall make the decision against him.

F1mod. by SR 1999/349, 350

F2mod. by SR 1999/246

F3prosp. in pt. certain functions transf. by 2002 c. 21

F4SI 1999/671

Medical examination required by appeal tribunalN.I.

20 .F7—F8(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 benefitF9. . . .

(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 [F10health 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.

[F11(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.

F7mod. by SR 1999/349, 350

F8prosp. in pt. certain functions transf. by 2002 c. 21

F9SI 1999/671