The Social Security (Adjudication) and Child Support Amendment (No. 2) Regulations 1996

Amendment of regulation 29 of the Adjudication Regulations

12.—(1) Regulation 29 of the Adjudication Regulations (procedure for disability appeal tribunals) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraphs—

“(1) Where an appeal is made to a disability appeal tribunal, the clerk to the tribunal shall direct every party to the proceedings to notify him if that party wishes an oral hearing of that appeal to be held.

(1A) A notification under paragraph (1) shall be in writing and shall be made within 10 days of receipt of the direction from the clerk to the tribunal or within such other period as the clerk to the tribunal or the chairman of the tribunal may direct.

(1B) Where the clerk to the tribunal receives notification in accordance with paragraph (1A) the disability appeal tribunal shall hold an oral hearing.

(1C) The chairman of a disability appeal tribunal may of his own motion require an oral hearing to be held if he is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.”.

(3) For paragraph (5) there shall be substituted the following paragraph—

“(5) Every decision of a disability appeal tribunal shall be recorded in summary by the chairman in such written form of decision notice as shall have been approved by the President, and such decision notice shall be signed by the chairman.”.

(4) For paragraph (6) there shall be substituted the following paragraphs—

“(6) As soon as may be practicable after a case has been decided by a disability appeal tribunal, a copy of the decision notice made in accordance with paragraph (5) shall be sent or given to every party to the proceedings who shall also be informed of—

(a) his right under paragraph (6C); and

(b) the conditions governing appeals to a Commissioner.

(6A) A statement of the reasons for the tribunal’s decision and of its findings on questions of fact material thereto may be given—

(a) orally at the hearing; or

(b) in writing at such later date as the chairman may determine.

(6B) Where the statement referred to in paragraph (6A) is given orally, it shall be recorded in such medium as the chairman may determine.

(6C) A copy of the statement referred to in paragraph (6A) shall be supplied to the parties to the proceedings if requested by any of them within 21 days after the decision notice has been sent or given, and if the statement is one to which sub-paragraph (a) of that paragraph applies, that copy shall be supplied in such medium as the chairman may direct.

(6D) If a decision is not unanimous, the statement referred to in paragraph (6A) shall record that one of the members dissented and the reasons given by him for dissenting.”.

(5) In paragraph (7)(1) the words “(which may take the form of a transcript or a tape)” shall be omitted.

(1)

Paragraph (7) was inserted by regulation 2 of S.I. 1996/182.