PART 3Proceedings before the Tribunal
CHAPTER 1Before the hearing
Medical and physical examination in appeals under section 12 of the Social Security Act 199825
1
This rule applies only to appeals under section 12 of the Social Security Act 1998.
2
At a hearing an appropriate member of the Tribunal may carry out a physical examination of a person if the case relates to—
a
the extent of that person's disablement and its assessment in accordance with section 68(6) of and Schedule 6 to, or section 103 of, the Social Security Contributions and Benefits Act 1992 M1; or
b
diseases or injuries prescribed for the purpose of section 108 of that Act.
3
If an issue which falls within Schedule 2 to these Rules (issues in relation to which the Tribunal may refer a person for medical examination) is raised in an appeal, the Tribunal may exercise its power under section 20 of the Social Security Act 1998 to refer a person to a health care professional approved by the Secretary of State for—
a
the examination of that person; and
b
the production of a report on the condition of that person.
4
Neither paragraph (2) nor paragraph (3) entitles the Tribunal to require a person to undergo a physical test for the purpose of determining whether that person is unable to walk or virtually unable to do so.