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2. In regulation 36 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) (composition of appeal tribunals)—
(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 Article 13(1)(b) of the Recovery of Benefits Order; or
(b)one or two medically qualified panel members or one medically qualified panel member and an additional member drawn from the panel for the purposes described in paragraph (5) where the issue, or one of the issues, raised on the appeal relates to—
(i)industrial injuries benefit under Part V of the Contributions and Benefits Act, or
(ii)severe disablement allowance under section 68 of that Act.”;
(b)in paragraph (5) for “paragraph (1), (2) or” there shall be substituted “paragraph (1), (2)(a) or”; and
(c)after paragraph (6) there shall be added the following paragraph—
“(7) In paragraph (2)(a)(i) “the all work test” has the same meaning as in regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(2).”.
S.R. 1995 No. 41, to which there are amendments not relevant to these regulations
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