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

SCHEDULE 1 Provisions Conferring Powers Exercised in Making these Regulations

Column (1)	Column (2)
Social Security Administration (Northern Ireland) Act 1992(1)	section 15(3)
	section 18(3)(b)
	section 20(2) and (4)
	section 21(9) and (10)
	section 23(3)
	section 24(3)
	section 25(1)
	section 28
	section 29(3)
	section 30(8)
	section 31(1) and (2)
	section 32(4)
	section 33(10)
	section 43(2)
	section 44(2) and (3)
	section 45(3), (7) and (9)
	section 46(3) and (4)
	section 47(3)
	section 48(6)
	section 53(1)
	section 56
	section 57
	section 59(1), (2) and (3)
	section 60
	section 68(1)
	section 139
	section 165(6)
	Schedule 3
	Schedule 7, paragraph 2

Regulation 3

SCHEDULE 2 Time Limits for >Making Applications, Appeals or References

Column (1)	Column (2)	Column (3)
Application, appeal or reference	Appropriate office	Specified time
1.  Appeal to an or reference medical authority from an adjudication officer’s determination of a diagnosis or recrudescence question (regulation 48).	An office of the department.	3 months beginning with the date when notice in writing of the decision was given to the appellant.
2.  Appeal to a medical appeal tribunal from a decision of an adjudicating medical authority, as defined in regulation 34 (;section 44(2) of the Administration Act).	An office of the department.	3 months beginning with the date when notice in writing of he decision was given to the appellant.
3.  Reference by the Department notifying the adjudication officer that a decision of an adjudicating medical practitioner ought to he considered by a medical appeal tribunal (section 44f3) of the Administration Act).	An office of the department.	3 months beginning ,with the date of the decision of the adjudicating medical practitioner.
4.  Appeal to an appeal tribunal from a decision of an adjudication officer (section 2W 1) (of the Administration Act).	An office of the department.	3 months beginning with the date when notice of the decision was given to the appellant.
5.  Appeal to a disability appeal tribunal from a decision (on review of an adjudication officer under section 28(1) of the Administration Act.	An office of the department.	3 months beginning with the date when notice in writing of the decision was given to the appellant.
6.  Appeal to an appeal tribunal from a decision (on review of an adjudication officer under section 28(1) of the Administration Act.	An office of the department.	3 months beginning with the date when notice in writing of the decision was given to the appellant.
7.  Application to the chairman for leave to appeal to a Commissioner from the decision o an appeal tribunal (regulation 24(1)).	The office of the clerk to the appeal tribunal.	3 months beginning with the date when a copy of the record of the decision was given to the applicant.
8.  Application to the chairman for leave to appeal to ;I Commissioner from the decision (1 a medical appeal tribunal (regulation 39(1)).	The office of the clerk to the medical appeal tribunal.	3 months beginning with the date when a copy of the record of the decision was given to the applicant.
9.  Application to the chairman for leave to appeal to a Commissioner from the decision of a disability appeal tribunal (regulation 32(1)).	The office of the clerk to the disability appeal tribunal.	3 months beginning with the date when a copy of the record of the decision was given to the applicant.
10.  Application to the Department with a view to a review under section 17(1) of the Administration Act of a decision under section 15(1) of that Act (regulation 16(1)).	The office of the Department from which notice of the decision was issued.	3 months beginning with the date when the Department gave the applicant notice in writing of the decision.
11.  Application to an adjudicating authority to set aside its decision (regulation 10(2)).	An office of the Department or the office of the authority who gave the decision.	3 months beginning with the date when notice in writing of the decision was given to the applicant.

Regulation 44(2)

SCHEDULE 3 Modification of Part II of the Administration Act in its Application to Benefit and Claims and Questions to which Part IV of these Regulations Applies

1.  Section 58(4) of the Administration Act shall have effect as if for “an accident” there were substituted “a prescribed disease”; as if for “an injury resulted in whole or in part from the accident” there were substituted “a person suffered from a prescribed disease”; as if for “that accident” there were substituted “that disease”; and as if for “the injury did so result” there were substituted “the person did so suffer”.

2.  There shall be included in the questions to be determined under the Administration Act any question—

(a) whether a person is suffering or has suffered from a prescribed disease or injury; and

(b) whether a prescribed disease or injury, suffered by a person who has previously been awarded benefit under the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946(2), under the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966(3), under the Social Security (Northern Ireland) Act 1975(4) or under the Acts or who is or has been in receipt of compensation under the Workmen’s Compensation Acts (Northern Ireland) 1927 to 1943 or under any contracting-out scheme duly certified thereunder in respect of the same disease or injury, has been contracted or received afresh (if and in so far as regulations made under section 108,109 or 110 of the Contributions and Benefits Act or section 60(1) of the Administration Act necessitate the determination of that question),

which shall, where the question arises in connection with a claim for, or award of, sickness benefit made by virtue of section 102 of the Contributions and Benefits Act which or disablement benefit, be determined as provided by regulations, by an adjudication officer in the light of medical advice or by a medical board or a medical appeal tribunal, so however that no appeal shall lie under the provisions of section 20 or 21 of the Administration Act from a decision of an adjudication officer on any such question.

Regulation 69

SCHEDULE 4 Regulations Revoked

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Social Security (Adjudication) Regulations (Northern Ireland) 1987	S.R. 1987 No. 82	The whole regulations, except for the purposes of regulation 68(1) of these Regulations
The Social Security (Adjudication) (Amendment No. 2) Regulations (Northern Ireland) 1987	S.R. 1987 No. 466	The whole regulations
The Social Security (Common Provisions) (Miscellaneous Amendments) Regulations (Northern Ireland) 1988	S.R. 1988 No. 369	Regulation 2
The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1989	S.R. 1989 No. 397	The whole regulations
The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1990	S.R. 1990 No. 119	The whole regulations
The Social Security (Adjudication) (Amendment No. 2) Regulations (Northern Ireland) 1991	S.R. 1991 No. 406	The whole regulations
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1991	S.R. 1991 No. 488	Regulation 4
The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1992	S.R. 1992 No. 36	The whole regulations
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1992	S.R. 1992 No. 83	Regulation 6
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1993	S.R. 1993 No. 149	Schedule 2, paragraph 1
The Social Security (Industrial Injuries and Adjudication) (Amendment) Regulations (Northern Ireland) 1993	S.R. 1993 No. 168	Regulation 3
The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment No. 2) Regulations (Northern Ireland) 1993	S.R. 1993 No. 350	Regulation 9
The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1994	S.R. 1994 No. 21	The whole regulations
The Social Security (Adjudication) (Amendment No. 2) Regulations (Northern Ireland) 1994	S.R. 1994 No. 150	The whole regulations
The Social Security (Adjudication) (Amendment No. 3) Regulations (Northern Ireland) 1994	S.R. 1994 No. 396	The whole regulations
The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations (Northern Ireland) 1995	S.R. 1995 No. 150	Regulation 19

(1)

1992 c. 8

(2)

1946 c. 21 (N.I.)

(3)

1966 c. 9 (N.I.)

(4)

1975 c. 15