Social Security (Recovery of Benefits) Act 1997

12 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 [1992 c. 5.] Social Security Administration Act 1992.