The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000

Amendment of the principal Regulations

24.  In regulation 36—

(a)in paragraph (1) the words “, including an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48,” shall be omitted;

(b)in paragraph (2) for the words “paragraphs (3) to (5)” there shall be substituted the words “paragraphs (3) to (5), (8) and (9)”;

(c)in paragraph (2)(a)(i) for the words “all work test” there shall be substituted the words “personal capability assessment”;

(d)in paragraph (2)(b)(i) after the words “the appeal” there shall be inserted the words “(not being an appeal where the only issue is whether there should be a declaration of an industrial accident under section 29(2)) ”;

(e)in paragraph (5) for the words “or (3)” there shall be substituted the words “, (3) or (9)”;

(f)in paragraph (6) for the words “a disability working allowance” there shall be substituted the words “a disabled person’s tax credit”(1);

(g)in paragraph (7) for the words “all work test” there shall be substituted the words “personal capability assessment”; and

(h)after paragraph (7) there shall be added the following paragraphs—

“(8) A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.

(9) Subject to paragraph (5), an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48 shall consist of a legally qualified panel member.”.