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

Review of a decision on diagnosis or recrudescence question

53.—(1) Any decision on a diagnosis or recrudescence question of an adjudication officer, adjudicating medical authority or medical appeal tribunal may be reviewed at any time by a medical board if it is satisfied by fresh evidence that the decision was given in ignorance of, or was based on a mistake as to, some material fact, so however that a decision of a medical appeal tribunal on a diagnosis or recrudescence question shall not be reviewed by a medical board without the leave of a medical appeal tribunal.

(2) A question may be raised with a view to the review of any decision on a diagnosis or recrudescence question by means of an application in writing to an adjudication officer, and on receipt of such application the adjudication officer shall proceed to refer such question to a medical board, so however that where in the opinion of the adjudication officer such application raises a question as to the review of a decision of a medical appeal tribunal on a diagnosis or recrudescence question, the adjudication officer shall submit the application to a medical appeal tribunal so that such tribunal may consider whether leave shall be granted and shall not refer the question to a medical board unless the medical appeal tribunal grants leave.

(3) Subject to paragraphs (1) and (2), a medical board may deal with a case on review in any manner in which it could deal with it on an original reference to it, and regulation 49 (appeal or reference to a medical appeal tribunal) shall apply to a decision of a medical board in connection with an application for review as it applies to a decision on an original reference to it.