The Social Security Commissioners Procedure Regulations 1987

PART I U.K. INTRODUCTION

Citation and commencement U.K.

1.  These Regulations may be cited as the Social Security Commissioners Procedure Regulations 1987 and shall come into force on 6th April 1987.

Interpretation U.K.

2.  In these Regulations, unless the context otherwise requires:—

“the Act” means the Social Security Act 1975 M1 ;

“adjudicating authority” means, as the case may be, the Chief or any other adjudication officer, an appeal tribunal, the Attendance Allowance Board, or a medical appeal tribunal and, in cases where a forfeiture rule question arises, includes the Secretary of State;

“adjudication officer” means an officer appointed in accordance with section 97(1) of the Act;

[F1 “appeal tribunal” means a social security appeal tribunal constituted in accordance with section 97(2) to (2E) of the Act or a disability appeal tribunal constituted in accordance with Schedule 10A to the Act;]

“the Attendance Allowance Board” means the Board constituted in accordance with section 105 of the Act and for the purpose of section 106(2) of the Act, unless the context otherwise requires, includes a delegate appointed in pursuance of paragraph 5 of Schedule 11 to the Act;

“the chairman” for the purposes of Regulations 3 and 4 means:

(i)

the person who was the chairman of the appeal tribunal or medical appeal tribunal, as the case may be, when the decision was given against which leave to appeal is being sought; or

(ii)

any other chairman of an appeal tribunal or medical appeal tribunal, as the case may be, duly authorised for the purposes of applications for leave to appeal to a Commissioner under the Social Security (Adjudication) Regulations 1986 M2 ;

“Chief Adjudication Officer” means the Chief Adjudication Officer appointed under section 97(1B) of the Act;

“Chief Commissioner” means the Chief Social Security Commissioner appointed under section 97(3) of the Act;

“Commissioner” means the Chief or any other Social Security Commissioner appointed in accordance with section 97(3) of the Act or section 13(5) of the Social Security Act 1980 M3 and includes a Tribunal of 3 such Commissioners constituted in accordance with section 116 of the Act;

“forfeiture rule question” means any question referred to in section 4(1) or 4(1A) to 4(1H) of the Forfeiture Act 1982 M4 ;

[F2 “full statement of the tribunal’s decision” has the same meaning as in the Social Security (Adjudication) Regulations 1995;]

“medical appeal tribunal” means a medical appeal tribunal constituted in accordance with Schedule 12 to the Act;

“nominated officer” means an officer authorised by the Lord Chancellor (or in Scotland, by the Secretary of State) in accordance with section 114(2C) M5 of the Act;

“proceedings” means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner, by way of an appeal or reference, or otherwise;

“respondent” means any person or organisation other than the applicant, appellant or person making the reference who would be entitled under Regulation 17(5) to be present and to be heard at any oral hearing;

“the specified time” for the purposes of Regulations 3(2) and 4(3) means the time specified under the Social Security (Adjudication) Regulations 1986 for applying to a chairman of an appeal tribunal or, as the case may be, a medical appeal tribunal for leave to appeal to a Commissioner;

“summons”, in relation to Scotland, means “citation” and Regulation 18 shall be construed accordingly.

Textual Amendments

F1 Words in reg. 2 substituted (1.6.92) by S.I. 1992/1121, reg. 1, 2

F2 Words in reg. 2 inserted (28.4.97) by S.I. 1997/955, reg. 1(1), 7

Marginal Citations

M1 1975 c. 14.

M2 S.I. 1986/2218.

M3 1980 c. 30.

M4 1982 c. 34. Subsections 4(1A) to 4(1H) of the Forfeiture Act 1982 were inserted by section 76 of the Social Security Act 1986 (c. 50).

M5 Section 114(2C) of the Social Security Act 1975 was inserted by paragraph 16 of Schedule 5 to the Social Security Act 1986.