SCHEDULE 14 TRANSITIONAL PROVISIONS

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1

Where before 29th November 1999, in relation to a determination for any purpose to which Part XIIA of the Contributions and Benefits Act M1 applies, a determination falls to be made as to—

a

whether a person is, or is to be treated as, capable or incapable of work in respect of any period; or

b

whether a person is terminally ill,

that determination shall be made by the Secretary of State, notwithstanding—

i

regulation 1(2)(e) and (f) of the Regulations; and

ii

that other matters fall to be determined by another authority.

2

An appeal shall lapse where the Secretary of State makes a determination pursuant to sub-paragraph (1) above in relation to a case where an appeal against a decision of an adjudication officer has been made but not determined provided that the decision as revised is more advantageous to the appellant than the decision before it was revised.

3

Where—

a

the Secretary of State reverses a determination under section 171C of the Contributions and Benefits Act that a person satisfies or is treated as satisfying the all work test; and

b

that determination which is reversed is necessary to or embodied in a decision in relation to which Part II of the Administration Act continues to have effect,

an adjudication officer shall revise that decision upon review in consequence of that reversal.