The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000

Amendment of the principal Regulations

24.  In regulation 36—

(a) in paragraph (1) the words “, including an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48,” shall be omitted;

(b) in paragraph (2) for the words “paragraphs (3) to (5)” there shall be substituted the words “paragraphs (3) to (5), (8) and (9)”;

(c) in paragraph (2)(a)(i) for the words “all work test” there shall be substituted the words “personal capability assessment”;

(d) in paragraph (2)(b)(i) after the words “the appeal” there shall be inserted the words “(not being an appeal where the only issue is whether there should be a declaration of an industrial accident under section 29(2)) ”;

(e) in paragraph (5) for the words “or (3)” there shall be substituted the words “, (3) or (9)”;

(f) in paragraph (6) for the words “a disability working allowance” there shall be substituted the words “a disabled person’s tax credit”(1);

(g) in paragraph (7) for the words “all work test” there shall be substituted the words “personal capability assessment”; and

(h) after paragraph (7) there shall be added the following paragraphs—

“(8) A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.

(9) Subject to paragraph (5), an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48 shall consist of a legally qualified panel member.”.

(1)

The Tax Credits Act 1999 (c. 10); section 1 and Schedule 1, paragraphs 1(b) and 2(h), substituted the words “disabled person’s tax credit ” for the words “disability working allowance” in section 129 of the Social Security Contributions and Benefits Act 1992 (c. 4).