The Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations (Northern Ireland) 2003

Non-disclosure of medical evidence

17.—(1) Where, in any proceedings, there is before a Commissioner medical evidence relating to a person which has not been disclosed to that person and in the opinion of the Commissioner the disclosure to that person of that evidence would be harmful to his health, such evidence shall not be disclosed to that person.

(2) Evidence such as is mentioned in paragraph (1)–

(a) shall not be disclosed to any person acting for or representing the person to whom it relates; or

(b) shall not be disclosed to a joint claimant of the person to whom it relates or any person acting for or representing that joint claimant; or

(c) in a case where a claim for a tax credit is made by reference to the disability of a person other than the claimant or joint claimant and the evidence relates to that other person, shall not be disclosed to the claimant, joint claimant or any person acting for or representing the claimant or joint claimant;

unless the Commissioner considers that it is in the interests of the person to whom the evidence relates to disclose it.

(3) Non-disclosure under paragraphs (1) or (2) does not preclude the Commissioner from taking the evidence concerned into account for the purpose of the proceedings.