The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999

17.—(1) An appeal made by or on behalf of a person against a decision of an adjudication officer (other than a decision in relation to a relevant benefit) which incorporates a determination as to whether the all work test is satisfied or treated as satisfied—

(a) shall be heard by a social security appeal tribunal which consists of two persons, one being a medically qualified panel member and the other being a legally qualified panel member; and

(b) may be heard with an appeal made by or on behalf of the same person against a decision of the Secretary of State which incorporates such a determination.

(2) Where an appeal to which sub-paragraph (1) above applies is heard with an appeal to an appeal tribunal—

(a) section 13 shall not apply in relation to the appeal to the appeal tribunal; and

(b) notwithstanding regulation 59 of the Regulations, regulation 24 of the Adjudication Regulations and regulation 3 of, and Schedule 2 to, those Regulations in so far as they relate to regulation 24 shall have effect on and after 6th September 1999 in relation to the appeal to the appeal tribunal subject to the modifications specified in sub-paragraph (3) below.

(3) The modifications referred to in sub-paragraph (2) above are as if references in the provisions described in that sub-paragraph to—

(a) an adjudication officer were to the Secretary of State;

(b) an appeal tribunal were to an appeal tribunal constituted under Chapter I of Part I of the Act;

(c) the clerk to the tribunal were to a clerk to an appeal tribunal constituted under Chapter I of Part I of the Act;

(d) the chairman of an appeal tribunal and a chairman of appeal tribunals were to a chairman of an appeal tribunal constituted under Chapter I of Part I of the Act or, in the case of a tribunal which has only one member, that member; and

(e) the words “under section 41(4) of the Administration Act” were omitted.