Social Security Act 1986

PART I Appeal on Question of Law from Medical Appeal Tribunal to Commissioner

1 After section 112 of the Social Security (Northern Ireland) Act 1975 there shall be inserted the following section—

“112A Appeal etc. on question of law to Commissioner.

(1) Subject to this section, an appeal lies to a Commissioner from any decision of a medical appeal tribunal on the ground that the decision is erroneous in point of law, at the instance of—

(a) an adjudication officer; or

(b) the claimant; or

(c) a trade union of which the claimant was a member at the time of the relevant accident or, in a case relating to severe disablement allowance, at the prescribed time ; or

(d) the Department.

(2) Subsection (1) above, as it applies to a trade union, applies also to any other association which exists to promote the interests and welfare of its members.

(3) No appeal lies under subsection (1) above without the leave—

(a) of the person who was the chairman of the medical appeal tribunal when the decision was given or, in a case prescribed by regulations, the leave of some other chairman of a medical appeal tribunal; or

(b) subject to and in accordance with regulations, of a Commissioner,

and regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.

(4) Where a question of law arises in a case before a medical appeal tribunal, the tribunal may refer that question to a Commissioner for his decision.

(5) On any such appeal or reference, the question of law arising for the decision of the Commissioner and the facts on which it arises shall be submitted for his consideration in the prescribed manner; and the medical appeal tribunal on being informed in the prescribed manner of his decision on the question of law shall give, confirm or revise their decision on the accordingly.

(6) No appeal lies under subsection (1) from a decision of a medical appeal tribunal given before the date of the coming into operation of Part I of Schedule 9 to the Social Security Act 1986.”.