Reviews and appeals
I112 Reference of questions to medical appeal tribunal.
1
The Secretary of State must refer to a medical appeal tribunal any question mentioned in subsection (2) arising for determination on an appeal under section 11.
2
The questions are any concerning—
a
any amount, rate or period specified in the certificate of recoverable benefits, or
b
whether listed benefits which have been, or are likely to be, paid otherwise than in respect of the accident, injury or disease in question have been brought into account.
3
In determining any question referred to it under subsection (1), the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the accident, injury or disease in question.
4
On a reference under subsection (1) a medical appeal tribunal may either—
a
confirm the amounts, rates and periods specified in the certificate of recoverable benefits, or
b
specify any variations which are to be made on the issue of a fresh certificate under subsection (5).
5
When the Secretary of State has received the decisions of the tribunal on the questions referred to it under subsection (1), he must in accordance with those decisions either—
a
confirm the certificate against which the appeal was brought, or
b
issue a fresh certificate.
6
Regulations may make provision—
a
as to the manner in which, and the time within which, a reference under subsection (1) is to be made, and
b
as to the procedure to be followed where such a reference is made.
7
Regulations under subsection (6)(b) may (among other things) provide for the non-disclosure of medical advice or medical evidence given or submitted following a reference under subsection (1).
8
In this section “medical appeal tribunal” means a medical appeal tribunal constituted under section 50 of the M1Social Security Administration Act 1992.