9. After Section C and regulation 26 there shall be inserted the following Section and regulations—
26A.—(1) Subject to paragraph (2), the prescribed periodfor the purpose of section 100A(1), (2) and (4) of the 1975 Act shall be three months beginning with the date on which notice in writing of the decision of an adjudication officer under section 99 of the 1975 Act was not given to the claimant.
(2) Where a claimant submits an application for review under section 100A(1) of the 1975 Act by post which would have arrived in a local office in the ordinary course of the post within the period prescribed by paragraph (1) but is delayed by postal disruption caused by industrial action whether within the postal service of elsewhere, that period shall expire on the day the application is received in the local office if that day does not fall within the period prescribed by paragraph (1).
26B. An application for a review of a decision of an adjudication officer under section 100A(1), (2) and (4) of the 1975 Act shall be made to a local office.
26C.—(1) The claimant may appeal to a disability appeal tribunal from a decision of an adjudication officer under section 100A(1) of the 1975 Act in any case in which there arises—
(a)a disability question; or
(b)both a disability question and any other question relating to attendance allowance, disability living allowance or disability working allowance.
(2) In this regulation “disability question” means a question as to—
(a)whether the claimant satisfies the conditions for entitlement to—
(i)the care component of a disability living allowance specified in section 37ZB(1) and (2) of the 1975 Act, or
(ii)the mobility component of a disability living allowance specified in section 37ZC(1), (8) and (9) of the 1975 Act(1), or
(iii)an attendance allowance specified in section 35(1) (a) or (b) and (2) of the 1975 Act, or
(iv)a disability working allowance specified in section 20(6A)(b) of the Social Security Act 1986(2);
(b)the period throughout which the claimant is likely to satisfy the conditions for entitlement to an attendance allowance or a disability living allowance;
(c)the rate at which an attendance allowance is payable(3); and
(d)the rate at which the care component or the mobility component of a disability living allowance is payable(4);
26D. A person purporting to act on behalf of a person who is terminally ill as defined in section 35(2C)(5) of the 1975 Act, whether or not that other person is acting with his knowledge or authority, may appeal to a disability appeal tribunal or an appeal tribunal, as appropriate, in accordance with section 100D(1) of that Act in any case where the ground of appeal is that that person is or was at any time terminally ill.
26E.—(1) A disability tribunal, except where section 100C(7)(a) of the 1975 Act applies, shall hold an oral hearing of any appeal made to it.
(2) Where any member of a disability appeal tribunal is not present at the consideration of a case the tribunal shall not proceed to determine that case but shall instead adjourn it for consideration by another tribunal.
(3) Where an oral hearing is adjourned and at the hearing after the adjournment the tribunal is differently constituted, otherwise than through the operation on that ocasion of paragraph (2), the proceedings at that hearing shall be by way of a complete rehearing of the case.
(4) Where a disability appeal tribunal is unable to reach a unanimous decision on any case the decision of the majority of its members shall be the decision of the tribunal.
(5) The chairman of a disability appeal tribunal shall in each case—
(a)record the decision of the tribunal in writing; and
(b)shall include in such record a statement of the reasons for the decision, including findings on all questions of fact material to the decision, and
(c)if a decision is not unanimous, record a statement that one of the members dissented and the reasons given by him for so dissenting.
(6) As soon as may be practicable after a case has been decided by a disability appeal tribunal, a copy of the record of the decision made in accordance with this regulation shall be sent to every party to the proceedings who shall also be informed of the conditions governing appeals to a Commissioner.
26F The condition which must be satisfied if a person who may be nominated as chairman of a disability appeal tribunal is to refer a claimant to a medical practitioner for examination and report is that the person who may be so nominated is satisfied that an appeal by the claimant cannot be properly determined unless the claimant is examined by a medical practitioner and the medical practitioner has provided the disability appeal tribunal with information for use in determining the appeal.
26G.—(1) A person shall not act as a member of a disability appeal tribunal in any case if he—
(a)is or may be directly affected by that case; or
(b)has taken any part in such case as an assessor, a medical practitioner who has regularly attended the claimant or to whom any question has been referred for report or advice, or as a witness.
(2) If a disability appeal tribunal is unable to determine a question by reason of the provisions of paragraph (1) the case shall be referred to another such tribunal.
26H.—(1) Subject to the following provisions of this regulation, an application to the chairman of a disability appeal tribunal for leave to appeal to a Commissioner from a decision appeal tribunal shall be made—
(a)orally at the hearing after the decision is announced by the tribunal; or
(b)in accordance with regulation 3 and Schedule 2.
(2) Where an application in writing for leave to appeal is made by an adjudication officer, the clerk to the tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.
(3) The decision of the chairman on an application for leave to appeal shall be recorded in writing and notice of it shall be given to every party to the proceedings.
(4) Where in any case it is impracticable, or it would be likely to cause undue delay, for an application for leave to appeal against a decision of a disability appeal tribunal to be determined by the person who was the chairman of that tribunal that application shall be determined by any other person qualified under section 97(2D) of the 1975 Act(6) to act as a chairman of disability appeal tribunals.
26I—(1) Subject to the following provisions of this regulation, the provisions of these Regulations apply for the disposal by a disability appeal tribunal of a case remitted to it following an appeal to a Commissoner as if it were an original hearing of an appeal to the disability appeal tribunal.
(2) If the case is remitted to the disability appeal tribunal following an appeal to the Commissioner in which it was decided that the decision of the disability appeal tribunal was erroneous in point of law the proceedings shall, subject to any direction of the Commissioner, be by way of a complete rehearing of the appeal by persons who were not members of the tribunal which gave the erroneous decision.”.
Sections 37ZB and 37ZC were inserted by section 1(2) of the 1991 Act.
Subsection (6A) was inserted by section 6(4) of the 1991 Act.
See section 35(3) of the 1975 Act.
See sections 37ZB(4) and 37ZC(11) of the 1975 Act.
Section 35(2C) was inserted by section 1(1) of the Social Security Act 1990 (c. 27).
Section 97(2D) of the 1975 Act was applied to disability appeal tribunals by Schedule 10A of that Act. Schedule 10A was inserted by paragraph 16 of Schedule 1 to the 1991 Act.