2. [F1In regulation 36 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999—
(a) for paragraph (2) there shall be substituted the following paragraph—
(2) Subject to paragraphs (3) to (5), an appeal tribunal shall consist of a legally qualified panel member and—
(a)a medically qualified panel member where—
(i)the issue, or one of the issues, raised on the appeal is whether the all work test is satisfied; or
(ii)the appeal is made under section 11(1)(b) of the 1997 Act; or
(b)one medically qualified panel member or two such members or one medically qualified panel member and an additional member drawn from the panel for the purposes described in paragraph (5) below where—
(i)the issue, or one of the issues, raised on the appeal relates to either industrial injuries benefit under Part V of the Contributions and Benefits Act or severe disablement allowance under section 68 of that Act; or
(ii)the appeal is made under section 4 of the Vaccine Damage Payments Act.
(b) in paragraph (5), for the words “paragraphs (1), (2) or” there shall be substituted the words “paragraph (1), (2)(a) or”; and
(c) after paragraph (6) there shall be added the following paragraph—
(7)In paragraph (2)(a)(i) above, “all work test” has the meaning it bears in regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations 1995
.]
Textual Amendments
F1Reg. 2 revoked () (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 2 (with arts. 3(3)(a), 4)