The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

Consideration of more than one appeal under Article 22 of the Child Support Order

45

An appeal tribunal which is considering an appeal under Article 22 of the Child Support Order in respect of a departure direction which relates to a maintenance assessment may, if it considers it appropriate to do so, consider at the same time any appeal under that Article in respect of another departure direction which relates to the same maintenance assessment.

CHAPTER III — Striking out of appeals

Appeals which may be struck out

46

• (1) Subject to paragraphs (2) and (3), an appeal may be struck out by the clerk to the appeal tribunal—

• (a) where it is an out of jurisdiction appeal and the appellant has been notified by the Department that an appeal brought against such a decision may be struck out;

• (b) for want of prosecution including an appeal not made within the time specified in these Regulations; or

• (c) subject to regulation 39(2), for failure of the appellant to comply with a direction given under these Regulations where the appellant has been notified that failure to comply with the direction could result in the appeal being struck out.

• (2) Where the clerk to the appeal tribunal determines to strike out the appeal, he shall notify the appellant that the appeal has been struck out and of the procedure for reinstatement of the appeal as specified in regulation 47.

• (3) The clerk to the appeal tribunal may refer any matter for determination under this regulation to a legally qualified panel member for decision by that panel member rather than the clerk to the appeal tribunal.

• (4) Subject to regulation 48, a misconceived appeal may be struck out by a legally qualified panel member but such an appeal shall not be struck out unless the appellant has been given notice of—

• (a) the intention to strike out the appeal;

• (b) the ground on which the intention to strike out is based; and

• (c) the requirement to notify the clerk to the appeal tribunal in writing of the matters specified in regulation 48(1)(a) or (b) and that failure to comply with this requirement may result in the appeal being struck out.

Reinstatement of struck out appeals

47

A legally qualified panel member may reinstate an appeal which has been struck out in accordance with regulation 46 or 48(2) where—

• (a) the appellant has made representations or, as the case may be, further representations in support of his appeal with reasons why he considers that his appeal should not have been struck out, to the clerk to the appeal tribunal, in writing within one month of the order to strike out the appeal being issued, and that panel member is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal;

• (b) that panel member is satisfied that the appellant did not receive the notification required under regulation 46(4);

• (c) that panel member is satisfied that the appeal is not an appeal which may be struck out under regulation 46; or

• (d) that panel member is satisfied that notwithstanding that the appeal is one which may be struck out under regulation 46, it is not in the interests of justice for the appeal to be struck out.

Misconceived appeals

48

• (1) Where the appellant has been given notice under regulation 46(4) of the intention to strike out an appeal on the ground that it is a misconceived appeal, he shall within 14 days of the issue of such notice notify the clerk to the appeal tribunal in writing that—

• (a) he wishes the question of whether his appeal is misconceived to be determined by an appeal tribunal as a preliminary issue at an oral hearing; or

• (b) he is content for an appeal tribunal to consider the question of whether his appeal is misconceived as a preliminary issue without an oral hearing and make representations in writing to the clerk to the appeal tribunal as to why he considers that the appeal is not misconceived.

• (2) Where the appellant fails to notify or to make representations to the clerk to the appeal tribunal in writing as required by paragraph (1) within the period specified in that paragraph, a legally qualified panel member may strike out the appeal.

• (3) Where the appellant notifies the clerk to the appeal tribunal under paragraph (1) within the period specified in that paragraph that he wishes an appeal tribunal to determine the question of whether his appeal is misconceived as a preliminary issue at an oral hearing, the appeal tribunal shall hold an oral hearing for that preliminary issue.

• (4) Where the appeal tribunal determines as a preliminary issue that the appeal is a misconceived appeal, the appeal shall be struck out and the clerk to the appeal tribunal shall notify the appellant that the appeal has been struck out.

• (5) Where the appeal tribunal determines as a preliminary issue that the appeal is not a misconceived appeal—

• (a) the appeal tribunal shall refer the appeal and all the supporting documentation to the Department together with a statement of the reasons why the appeal tribunal considers that the appeal is not misconceived;

• (b) the clerk to the appeal tribunal shall notify the appellant of the referral of the appeal to the Department and send the appellant a copy of the reasons why the appeal tribunal considers that the appeal is not misconceived;

• (c) the Department may revise or supersede the decision against which the appeal is brought; and

• (d) if the Department does not revise or supersede the decision against which the appeal is brought in the appellant’s favour, the Department shall refer the appeal for determination by an appeal tribunal.

• (6) Chapter IV of this Part shall apply to an oral hearing held under this regulation.

CHAPTER IV — Oral hearings

Procedure at oral hearings

49

• (1) Subject to the following provisions of this Part, the procedure for an oral hearing shall be such as the chairman or, in the case of an appeal tribunal which has only one member, such as that member, shall determine.

• (2) Except where paragraph (3) applies, not less than 14 days notice (beginning with the day on which notice is given and ending on the day before the hearing of the appeal is to take place) of the time and place of any oral hearing of an appeal shall be given to every party to the proceedings, and if such notice has not been given to a person to whom it should have been given under the provisions of this paragraph the hearing may proceed only with the consent of that person.

• (3) Any party to the proceedings may waive his right to receive not less than 14 days notice of the time and place of any oral hearing by giving notice to the clerk to the appeal tribunal.

• (4) If a party to the proceedings to whom notice has been given under paragraph (2) fails to appear at the hearing, the chairman or, in the case of an appeal tribunal which has only one member, that member, may, having regard to all the circumstances including any explanation offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the determination of the appeal as he may think proper.

• (5) If a party to the proceedings has waived his right to be given notice under paragraph (2), the chairman or, in the case of an appeal tribunal which has only one member, that member, may proceed with the hearing notwithstanding his absence.

• (6) Any oral hearing shall be in public except—

• (a) where the appellant requests a private hearing; or

• (b) where the chairman or, in the case of an appeal tribunal which has only one member, that member, is satisfied that intimate personal or financial circumstances may have to be disclosed or that considerations of national security are involved, in which case the hearing shall be in private.

• (7) Any party to the proceedings shall be entitled to be present and be heard at an oral hearing.

• (8) A person who has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled.

• (9) The following persons shall also be entitled to be present at an oral hearing (whether or not it is otherwise in private) but shall take no part in the proceedings—

• (a) the President;

• (b) any person undergoing training as a panel member or as a clerk to an appeal tribunal;

• (c) any person acting on behalf of the President in the training or supervision of panel members or in the monitoring of standards of decision-making by panel members; and

• (d) with the leave of the chairman or, in the case of an appeal tribunal which has only one member, that member, and the consent of every party to the proceedings actually present, any other person.

• (10) Nothing in paragraph (9) affects the rights of any person mentioned in sub-paragraphs (a) and (b) of that paragraph at any oral hearing where he is sitting as a member of the tribunal or acting as its clerk, and nothing in this regulation prevents the presence at an oral hearing of any witness.

• (11) Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.

• (12) For the purpose of arriving at its decision, an appeal tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the appeal tribunal, to withdraw from the hearing except that—

• (a) the President or any person mentioned in paragraph (9)(c); and

• (b) with the leave of the chairman or, in the case of an appeal tribunal which has only one member, that member, any person mentioned in paragraph (9)(b) and (d),

may remain present at any such sitting.

Manner of providing expert assistance

50

• (1) Where an appeal tribunal requires one or more experts to provide assistance to it in dealing with a question of fact of special difficulty under Article 8(4), such an expert shall, if the chairman or, in the case of a tribunal which has only one member, that member, so requests, attend at the hearing and give evidence and if the chairman or that member considers it appropriate, the expert shall enquire into and provide a written report on the question.

• (2) A copy of any written report received from an expert in accordance with paragraph (1) shall be supplied to every party to the proceedings.

Postponement and adjournment

51

• (1) Where a person to whom notice of an oral hearing is given wishes to request a postponement of that hearing, he shall do so in writing to the clerk to the appeal tribunal stating his reasons for the request, and the clerk to the appeal tribunal may grant or refuse the request as he thinks fit or may pass the request to a legally qualified panel member who may grant or refuse the request as he thinks fit.

• (2) Where the clerk to the appeal tribunal or, as the case may be, the legally qualified panel member refuses a request to postpone the hearing he shall—

• (a) notify in writing the person making the request of the refusal; and

• (b) place before the appeal tribunal at the hearing both the request for the postponement and notification of its refusal.

• (3) The legally qualified panel member or the clerk to the appeal tribunal may of his own motion at any time before the beginning of the hearing postpone the hearing.

• (4) An oral hearing may be adjourned by the appeal tribunal at any time on the application of any party to the proceedings or of its own motion.

• (5) Where a hearing has been adjourned and it is not practicable, or would cause undue delay, for it to be resumed before an appeal tribunal consisting of the same member or members, the appeal or referral shall be heard by a differently constituted appeal tribunal and the proceedings shall be by way of a complete rehearing.

Physical examination at oral hearings

52

For the purposes of Article 20(3), an appeal tribunal may not carry out a physical examination except in a case which relates to—

• (a) the extent of a person’s disablement and its assessment in accordance with section 68(6) of, and Schedule 6 to, the Contributions and Benefits Act;

• (b) the extent of a person’s disablement and its assessment in accordance with section 103 of that Act; or

• (c) diseases or injuries prescribed for the purposes of section 108 of that Act.

CHAPTER V — Decisions of appeal tribunals and related matters

Decisions of appeal tribunals

53

• (1) Every decision of an appeal tribunal shall be recorded in summary by the chairman or, in the case of an appeal tribunal which has only one member, by that member.

• (2) The decision notice specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman or, in the case of an appeal tribunal which has only one member, by that member.

• (3) As soon as may be practicable after an appeal or a referral has been decided by an appeal tribunal, a copy of the decision notice prepared in accordance with paragraphs (1) and (2) shall be sent or given to every party to the proceedings who shall also be informed of—

• (a) his right under paragraph (4); and

• (b) the conditions governing appeals to a Commissioner or, as the case may be, a Child Support Commissioner.

• (4) A party to the proceedings may apply in writing to the chairman or, in the case of an appeal tribunal which has only one member, to that member, for a copy of a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 54.

• (5) If the decision is not unanimous, the decision notice specified in paragraph (1) shall record that one of the members dissented and the statement of reasons referred to in paragraph (4) shall include the reasons given by that member for dissenting.

Late applications for statement of reasons for tribunal decision

54

• (1) The time for making an application for a copy of the statement of the reasons for an appeal tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but no application shall in any event be made more than three months after the date of the sending or giving of the notice of the decision of the appeal tribunal.

• (2) An application for an extension of time under this regulation shall be made in writing and shall be determined by a legally qualified panel member.

• (3) An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).

• (4) The application for an extension of time shall not be granted unless the legally qualified panel member is satisfied that it is in the interests of justice for the application to be granted.

• (5) For the purposes of paragraph (4), it is not in the interests of justice to grant the application unless the legally qualified panel member is satisfied that—

• (a) the special circumstances specified in paragraph (6) are relevant to the application; or

• (b) some other special circumstances exist which are wholly exceptional and relevant to the application,

and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 53(4).

• (6) For the purposes of paragraph (5)(a), the special circumstances are that—

• (a) the applicant or a spouse or dependant of the applicant has died or suffered serious illness;

• (b) the applicant is not resident in the United Kingdom; or

• (c) normal postal services were disrupted.

• (7) In determining whether it is in the interests of justice to grant the application, the legally qualified panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application for a copy of the statement of reasons for an appeal tribunal’s decision is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

• (8) In determining whether it is in the interests of justice to grant the application, no account shall be taken of the following—

• (a) that the applicant or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

• (b) that a Commissioner or a court has taken a different view of the law from that previously understood and applied.

• (9) An application under this regulation for an extension of time which has been refused may not be renewed.

• (10) The legally qualified panel member who determines an application under this regulation shall record a summary of his decision in such written form as has been approved by the President.

• (11) As soon as practicable after the decision is made a copy of the decision shall be sent or given to every party to the proceedings.

• (12) Any person who, under paragraph (11), receives a copy of the decision may, within one month of the decision being sent to him, apply in writing for a copy of the reasons for that decision and a copy shall be supplied to him.

• (13) In this regulation “Commissioner” includes—

• (a) the Commissioner within the meaning of section 39(1) of the Social Security Act 1998[^f00048]; and

• (b) a Child Support Commissioner appointed under section 22 or 23 of the Child Support Act 1991.

Record of tribunal proceedings

55

• (1) A record of the proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman or, in the case of an appeal tribunal which has only one member, by that member, in such medium as he may determine.

• (2) Such record shall be preserved by the clerk to the appeal tribunal for six months from the date of the decision made by the appeal tribunal to which the record relates and any party to the proceedings may within that period apply in writing for a copy of that record and a copy shall be supplied to him.

Correction of accidental errors

56

• (1) The clerk to the appeal tribunal or, where the clerk refers the matter to a legally qualified panel member, that member, may at any time correct accidental errors in any decision, or the record of any such decision, of an appeal tribunal made under a relevant statutory provision or the Child Support Order.

• (2) A correction made to, or to the record of, a decision shall be deemed to be part of the decision or record of that decision and written notice of it shall be given as soon as practicable to every party to the proceedings.

• (3) In this regulation and regulation 57 “relevant statutory provision” has the same meaning as in Article 28(3).

Setting aside decisions on certain grounds

57

• (1) On an application made by a party to the proceedings, a decision of an appeal tribunal made under a relevant statutory provision or the Child Support Order may be set aside by a legally qualified panel member in a case where it appears just to set the decision aside on the ground that—

• (a) a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the person who made the decision; or

• (b) a party to the proceedings in which the decision was made or the party’s representative was not present at a hearing relating to the proceedings.

• (2) In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the legally qualified panel member shall determine whether the party making the application gave notice that he wished to have an oral hearing, and if that party did not give such notice the decision shall not be set aside unless the chairman or, in the case of an appeal tribunal which has only one member, that member, is satisfied that the interests of justice manifestly so require.

• (3) An application under this regulation shall be made in accordance with regulations 31 to 33.

• (4) Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.

• (5) Notice in writing of a determination on an application to set aside a decision shall be sent or given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.

Application for leave to appeal to a Commissioner from an appeal tribunal

58

• (1) An application for leave to appeal to a Commissioner from a decision of an appeal tribunal under Article 13 or 14 shall—

• (a) be made within the period of one month commencing on the date the applicant is sent a written statement of the reasons for the decision against which leave to appeal is sought; and

• (b) have annexed to it a copy of that written statement of the reasons for the decision.

• (2) Where an application for leave to appeal to a Commissioner is made by the Department, the clerk to the appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.

• (3) Any party to the proceedings who is sent a copy of an application for leave to appeal in accordance with paragraph (2) may make representations in writing within one month of the date on which the application is sent.

• (4) A person determining an application for leave to appeal to a Commissioner shall take into account any further representations received from the applicant before the determination is made, and shall record his decision in writing and send a copy to every party to the proceedings.

• (5) Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a) but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.

• (6) Where in any case it is impracticable, or it would be likely to cause undue delay for an application for leave to appeal against a decision of an appeal tribunal to be determined by the person who was the chairman or, in the case of an appeal tribunal which had only one member, that member, the application shall be determined by a legally qualified panel member.

PART VI — REVOCATIONS

Revocations

59

• (1) The Regulations listed in column (1) of Schedule 3 are hereby revoked to the extent specified in column (3) of that Schedule.

• (2) Notwithstanding their revocation for particular purposes, the Regulations listed in column (1) of Schedule 3 shall continue to have full effect up to and including 28th November 1999 in relation to any benefit to which these Regulations do not apply for the time being by virtue of regulation 1(1).

• (3) So much of any document as refers expressly or by implication to any regulation revoked by paragraph (1) shall, in so far as the context permits, for the purposes of these Regulations be treated as referring to the corresponding provision of these Regulations.

SCHEDULE 1 — Decisions against which no appeal lies

Child benefit

1

A decision of the Department as to whether an educational establishment be recognised for the purposes of Part IX of the Contributions and Benefits Act.

2

A decision of the Department to recognise education provided otherwise than at a recognised educational establishment.

3

A decision of the Department made in accordance with the discretion conferred on it by regulations 2(2)(c)(iii) and 7(3) of the Child Benefit (Residence and Persons Abroad) Regulations (Northern Ireland) 1976[^f00049].

4

A decision of the Department made in accordance with the discretion conferred on it by regulation 2(1) or (3) of the Child Benefit (General) Regulations (Northern Ireland) 1979[^f00050].

Claims and payments

5

A decision of the Department under the Claims and Payments Regulations except a decision under the following provisions of those Regulations—

• (a) regulation 19[^f00051] as to the time for claiming benefit;

• (b) regulation 36AB[^f00052] as to the payment of withheld benefit;

• (c) regulation 37 as to the extinguishment of the right to payment of sums by way of benefit where payment is not obtained within the prescribed period; and

• (d) the following provisions of Schedule 8A[^f00053] and regulation 34A(1)[^f00054] in so far as it relates to them—

• (i) paragraph 3 relating to the amount deductible by way of housing costs,

• (ii) paragraph 4 relating to the amount of miscellaneous housing costs payable direct to a third party,

• (iii) paragraph 4A[^f00055] relating to the direct payment to a third party of benefit payable to or in respect of persons resident in hostels,

• (iv) paragraph 5 relating to payments of benefit direct to the claimant’s or his partner’s landlord,

• (v) paragraph 6 relating to the payment out of benefit of fuel costs,

• (vi) paragraph 7 relating to the payment out of benefit of rates,

• (vii) paragraph 7A[^f00056] in connection with amounts payable in place of child support maintenance,

• (viii) paragraph 7B[^f00057] as to whether an amount in respect of arrears of child support maintenance is to be deducted from a person’s jobseeker’s allowance, and

• (ix) paragraph 9(3)[^f00058] as to the priority between liabilities for items of gas or electricity.

Contracted-out pension schemes

6

A decision of the Department under section 105 of the Pension Schemes Act[^f00059] or any order made under it.

Decisions dependent on other cases

7

A decision of the Department under Article 25 or 26.

European Community regulations

8

An authorisation given by the Department in accordance with Article 22(1) or 55(1) of Council Regulation (EEC) No. 1408/71[^f00060] on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

Expenses

9

A decision of the Department whether to pay expenses to any person under section 156 of the Administration Act[^f00061].

Guardian’s allowance

10

A decision of the Department relating to the giving of a notice under regulation 5(8) of the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975[^f00062].

Income support

11

A decision of the Department which embodies a determination made in accordance with regulation 13(1) or (2).

Industrial injuries benefit

12

A decision of the Department relating to the question whether—

• (a) disablement pension be increased under section 104 of the Contributions and Benefits Act; or

• (b) disablement pension be further increased under section 105 of that Act,

and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.

13

A decision of the Department under regulation 2(2) of the Social Security (Industrial Injuries and Diseases) (Miscellaneous Provisions) Regulations (Northern Ireland) 1986[^f00063] as to the length of any period of interruption of education which is to be disregarded.

14

A decision of the Department to approve or not to approve a person undertaking work for the purposes of regulation 15 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984[^f00064].

15

A decision of the Department as to how the limitations under Part VI of Schedule 7 to the Contributions and Benefits Act on the benefit payable in respect of any death are to be applied in the circumstances of any case.

Invalid vehicle scheme

16

A decision of the Department relating to the issue of certificates under regulation 13 of, and Schedule 2 to, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[^f00065].

Jobseeker’s allowance

17

• (1) A decision of the Department under Chapter IV of Part II of the Jobseeker’s Allowance Regulations as to the day and the time a claimant is to attend at an office of the Department.

• (2) A decision of the Department as to the day of the week on which a claimant is required to provide a signed declaration under regulation 24(10) of the Jobseeker’s Allowance Regulations.

• (3) A decision of the Department which embodies a determination made in accordance with regulation 15.

Payments on account, overpayments and recovery

18

A decision of the Department under the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988[^f00066], except a decision of the Department under the following provisions of those Regulations—

• (a) regulation 3 to offset any interim payment made in anticipation of an award of benefit;

• (b) regulation 4(1) as to the overpayment of an interim payment;

• (c) regulation 5 as to the offsetting of a prior payment against a subsequent award;

• (d) regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

• (e) regulation 13 as to the sums to be deducted in calculating recoverable amounts;

• (f) regulation 14(1) as to the treatment of capital to be reduced;

• (g) regulation 19 determining a claimant’s protected earnings; and

• (h) regulation 24 whether a determination as to a claimant’s protected earnings is revised or superseded.

Persons abroad

19

A decision of the Department made under—

• (a) regulation 2(1)(a) of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978[^f00067]. whether to certify that it is consistent with the proper administration of the Contributions and Benefits Act that a disqualification under section 113(1)(a) of that Act should not apply;

• (b) regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Northern Ireland longer than that specified in that regulation.

Reciprocal agreements

20

A decision of the Department made in accordance with an order made under section 155 of the Administration Act[^f00068].

Social fund awards

21

A decision of the Department under section 74 of the Administration Act[^f00069] relating to the recovery of social fund awards.

Suspension

22

A decision of the Department relating to the suspension of a relevant benefit or to the payment of such a benefit which has been suspended under Part III of these Regulations.

Up-rating

23

A decision of the Department relating to the up-rating of benefits under Part IX of the Administration Act.

SCHEDULE 2 — Qualifications of persons appointed to the panel

Legal qualifications

1

Persons who are barristers or solicitors.

Medical qualifications

2

• (1) Fully registered medical practitioners, where—

• (a) the practitioner’s name appears on a medical specialist register maintained in any EEA State in accordance with the Medical Directive;

• (b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which shall in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or

• (c) the practitioner does not satisfy the requirements of head (a) or (b), but has not less than 10 years experience in clinical practice, or as a medical analyst or research worker in disciplines which are the same or similar to those undertaken by practitioners to whom those heads apply.

• (2) In this paragraph—

• “EEA Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[^f00070];

• “EEA State” means a state which is a contracting party to the EEA Agreement;

• “Medical Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications[^f00071], as amended by Council Directive 97/50/EC of 6th October 1997[^f00072]; and

• “vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in Article 30 of the Medical Directive.

Financial qualifications

3

Accountants who are members of—

• (a) the Institute of Chartered Accountants in England and Wales;

• (b) the Institute of Chartered Accountants in Scotland;

• (c) the Institute of Chartered Accountants in Ireland;

• (d) the Association of Chartered Certified Accountants;

• (e) the Chartered Institute of Management Accountants; or

• (f) the Chartered Institute of Public Finance and Accountancy.

Disability qualifications

4

Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons—

• (a) in a professional or voluntary capacity; or

• (b) because they are themselves disabled.

SCHEDULE 3 — Regulations revoked

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Child Support Appeal Tribunals (Procedure) Regulations (Northern Ireland) 1993	S.R. 1993 No. 50	The whole regulations
The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995	S.R. 1995 No. 41	In Part II, Chapter V
The Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 1995	S.R. 1995 No. 149	Regulation 4(8) and (9)
The Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995	S.R. 1995 No. 162	Regulation 2
The Social Security (Adjudication) Regulations (Northern Ireland) 1995	S.R. 1995 No. 293	The whole regulations
The Social Security (Adjudication) and Child Support (Amendment) Regulations (Northern Ireland) 1996	S.R. 1996 No. 24	The whole regulations
The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 57	Regulation 6
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996	S.R. 1996 No. 198	Regulation 42
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 317	Regulation 6
The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1996	S.R. 1996 No. 355	The whole regulations
The Social Security (Claims and Payments and Adjudication)(Amendment) Regulations (Northern Ireland) 1996	S.R. 1996 No. 432	Regulation 3
The Social Security (Adjudication) and Child Support (Amendment No. 2) Regulations (Northern Ireland) 1996	S.R. 1996 No. 457	The whole regulations
The Social Security (Adjudication) (Amendment No. 2) Regulations (Northern Ireland) 1996	S.R. 1996 No. 499	The whole regulations
The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996	S.R. 1996 No. 541	Regulation 53
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996	S.R. 1996 No. 590	Regulation 4
The Income-related Benefits and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 1997	S.R. 1997 No. 22	Regulation 15
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1997	S.R. 1997 No. 156	Regulation 4
The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997	S.R. 1997 No. 158	Regulation 3
The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1997	S.R. 1997 No. 164	The whole regulations
The Social Security (Attendance Allowance and Disability Living Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997	S.R. 1997 No. 355	Regulation 4
The Social Security (Claims and Payments and Adjudication) (Amendment) Regulations (Northern Ireland) 1997	S.R. 1997 No. 417	Regulations 3 and 4
The Social Security (Recovery of Benefits) (Appeals) Regulations (Northern Ireland) 1997	S.R. 1997 No. 430	The whole regulations
The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 1997	S.R. 1997 No. 435	Regulation 4
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1998	S.R. 1998 No. 8	Regulation 8

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

John O'Neill — Assistant Secretary — 29th March 1999.

I concur.

Irvine of Lairg, C. — 9th April 1999

Explanatory note

(This note is not part of the Regulations.)

These Regulations are made by virtue of, or in consequence of, provisions of the Social Security (Northern Ireland) Order 1998 (“the Order”) and supplement changes introduced by that Order to the decision-making process for social security and related matters. The Regulations also provide for the procedural rules and other requirements of a new unified appeals system introduced by the Order for social security, contracting-out of pensions and child support.

Part I contains provisions relating to the citation, commencement and interpretation of the Regulations and the service of notices or documents.

Part II makes provision for decisions by the Department of Health and Social Services in social security and related matters. Chapters I and II provide for the circumstances in which the Department may revise or supersede decisions, when such decisions take effect and related procedural rules. Chapter III contains miscellaneous provisions relating to decisions of the Department in social security, including certain relevant requirements formerly contained in regulations now being revoked and provision in relation to industrial injuries benefit enabling the Department to seek advice from a medical practitioner.

Part III makes provision for the suspension and termination of benefit and for dealing with decisions where there are related appeals or decisions.

Part IV concerns rights of appeal and the procedure for bringing appeals. Chapter I makes provision for additional persons to have a right of appeal, for decisions (other than those in the Order) against which there is no right of appeal and decisions where there is a right of appeal. It also provides procedural rules for bringing appeals. Chapter II provides for general appeals matters including those relating to child support.

Part V makes provision for appeal tribunals for social security, contracting-out of pensions and child support. Chapter I provides for the panel from which appeal tribunal members are drawn to include people with specified qualifications, for requirements relating to the composition of appeal tribunals and the assignment of clerks to tribunals. Chapter II makes provision for procedural requirements in the determination of appeals and referrals (including withdrawal of appeals and referrals), medical examinations and witnesses. Chapter III provides for the striking out of certain appeals and related procedures. Chapter IV provides for procedures at oral hearings. Chapter V makes provision relating to the decisions of appeal tribunals and applications for leave to appeal to a Social Security Commissioner.

Part VI provides for revocations.

Articles 7(3), 8(6), 10(1), (4) and (6), 11(3) and (6), 12(1), 13(2), (3), (6) and (7), 15(10)(a) and (11), 16(1), 17, 18(1), 20, 21(1) to (3), 22 to 24, 25(3)(b) and (5)(c), 26(6)(c), 28(1) and 31(2) of, and paragraphs 7, 11 and 12 of Schedule 1, paragraph 9 of Schedule 2, paragraphs 1, 4 and 9 of Schedule 3 and Schedule 4 to, the Order, some of the enabling provisions under which these Regulations are made, were brought into operation, for the purpose only of authorising the making of regulations on 10th March 1999, by virtue of the Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999 (S.R. 1999 No. 102 (C. 13)).

As these Regulations are made by virtue of, or are consequential upon, provisions of the Order and are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: S.I. 1991/2628 (N.I. 23); Articles 18 and 22 were substituted respectively by Articles 40 and 42 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)); Articles 28ZA and 28ZB were inserted by Article 43 of that Order; Article 28ZD was inserted by Article 44 of that Order; Article 43B was inserted by paragraph 29 of Schedule 6 to that Order; Article 47(2) was amended by paragraph 31 of Schedule 6 to that Order; Schedule 4A was inserted by Schedule 1 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and paragraph 8 of that Schedule was amended by paragraph 36(5) of Schedule 6 to the Social Security (Northern Ireland) Order 1998

[^f00002]: 1992 c. 8; section 5(1)(hh) was inserted by Article 70 of the Social Security (Northern Ireland) Order 1998 and section 139A was inserted by Article 26 of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

[^f00003]: 1993 c. 49; section 165 was substituted by paragraph 99 of Schedule 6 to the Social Security (Northern Ireland) Order 1998

[^f00004]: S.I. 1997/1183 (N.I. 12); Article 12(1) was substituted by paragraph 120(1) of Schedule 6 to the Social Security (Northern Ireland) Order 1998

[^f00005]: S.I. 1998/1506 (N.I. 10)

[^f00006]: S.R. 1987 No. 465; relevant amending regulations are S.R. 1988 Nos. 67 and 141, S.R. 1989 Nos. 40 and 398, S.R. 1991 No. 488, S.R.1992 Nos. 7, 271 and 453, S.R. 1993 Nos. 146, 149, 217 and 375, S.R. 1994 Nos. 345 and 456, S.R. 1995 No. 301, S.R. 1996 Nos. 85, 354 and 432, S.R. 1997 Nos. 155, 156, 417 and 435 and S.R. 1998 No. 182

[^f00007]: S.R. 1987 No. 459; relevant amending regulations are S.R. 1988 Nos. 146, 193, 274, 318, 324 and 431, S.R. 1989 Nos. 139 and 395, S.R. 1990 Nos. 131 and 297, S.R. 1991 Nos. 46 and 338, S.R. 1992 Nos. 6 and 403, S.R. 1993 Nos. 149, 218 and 373, S.R. 1994 Nos. 65, 327 and 474, S.R. 1995 Nos. 301, 350 and 434, S.R. 1996 Nos. 93, 199 and 405, S.R. 1997 Nos. 3, 165, 435 and 541, S.R. 1998 Nos. 176, 182 and 324 and S.R. 1999 No. 70

[^f00008]: S.R. 1996 No. 198; relevant amending regulations are S.R. 1996 Nos. 356. 358, 440 and 503, S.R. 1997 Nos. 165, 435 and 541 and S.R. 1998 Nos. 2, 176, 324 and 421

[^f00009]: Schedule 4C was inserted by paragraph 37 of Schedule 6 to the Social Security (Northern Ireland) Order 1998

[^f00010]: Article 28D was inserted by Article 3(1) of the Child Support (Northern Ireland) Order 1995

[^f00011]: 1954 c. 33 (N.I.)

[^f00012]: Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and amended by S.R. 1997 No. 417 and Schedule 4 was amended by S.R. 1988 No. 141, S.R. 1991 No. 488, S.R. 1992 No. 7, S.R. 1996 Nos. 354, 432 and 456 and S.R. 1997 Nos. 155 and 156

[^f00013]: Article 21 was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

[^f00014]: 1998 c. 14

[^f00015]: Regulation 66A was inserted by regulation 4(7) of S.R. 1990 No. 297 and amended by S.R. 1991 Nos. 46 and 338 and S.R. 1996 No. 93

[^f00016]: The definition of “nursing home” was substituted by paragraph 6(5)(b) of Schedule 2 to S.R. 1993 No. 149; the definition of “residential care home” was inserted by paragraph 1(3)(a) of Schedule 1 to S.R. 1993 No. 149 and amended by S.R. 1993 No. 373 and S.R. 1994 No. 65

[^f00017]: Regulation 26A was inserted by regulation 2(14) of S.R. 1996 No. 354 and amended by S.R. 1998 No. 182

[^f00018]: Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by paragraphs 14(b) and 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

[^f00019]: S.R. 1995 No. 41; relevant amending regulations are S.R. 1995 No. 149, S.R. 1996 No. 601 and S.R. 1997 No. 174

[^f00020]: Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301

[^f00021]: Schedule 8B was inserted by regulation 5 of S.R. 1992 No. 271

[^f00022]: Paragraphs 29 and 30 were substituted by paragraph 1 of Schedule 3 to S.R. 1995 No. 301

[^f00023]: S.R. 1996 No. 518, to which there are amendments not relevant to these regulations

[^f00024]: Article 12(1) was substituted by paragraph 120(1) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

[^f00025]: Part XIIA was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00026]: Regulation 12 was substituted by regulation 5 of S.R. 1990 No. 131 and amended by S.R. 1992 No. 403 and S.R. 1993 No. 373

[^f00028]: Schedules 3A and 3B were inserted by Schedule 2 to S.R. 1988 No. 318 and Schedule 1 to S.R. 1989 No. 139 respectively

[^f00029]: S.R. 1987 No. 460; relevant amending regulations are S.R. 1988 No. 132

[^f00030]: Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)

[^f00031]: Section 139A was inserted by Article 26 of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

[^f00032]: Regulation 54 was amended by regulation 5 of S.R. 1997 No. 541

[^f00033]: Section 69 was amended by Article 33(1) of, and paragraph 31 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995 and section 2(2) to (4) of the Social Security (Overpayments) Act 1996 (c. 51); section 69A was inserted by Article 20 of the Jobseekers (Northern Ireland) Order 1995; section 72 was amended by paragraph 33 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

[^f00034]: Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199

[^f00035]: S.R. 1976 No. 175; relevant amending regulations are S.R. 1982 No. 153, S.R. 1987 No. 117, S.R. 1992 No. 83, S.R. 1994 No. 468 and S.R. 1995 No. 149

[^f00036]: Article 28ZA(2)(b) was inserted by Article 43 of the Social Security (Northern Ireland) Order 1998

[^f00037]: Article 28ZA(4)(c) was inserted by Article 43 of the Social Security (Northern Ireland) Order 1998

[^f00038]: The definition of “parent with care” was inserted by paragraph 2(a) of Schedule 3 to the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

[^f00039]: Article 28ZB(6)(c) was inserted by Article 43 of the Social Security (Northern Ireland) Order 1998

[^f00040]: Article 12(1) was substituted by paragraph 120(1) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

[^f00041]: Article 18 was substituted by Article 40 of the Social Security (Northern Ireland) Order 1998

[^f00042]: Article 19(3) and (5) was substituted by Article 41 of the Social Security (Northern Ireland) Order 1998

[^f00043]: 1998 c. 14

[^f00044]: 1991 c. 48

[^f00045]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00046]: Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and regulation 2(2) of S.R. 1994 No. 370

[^f00047]: Section 128 was amended by Article 12 of, and paragraph 32 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and paragraph 17 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

[^f00048]: 1998 c. 14

[^f00049]: S.R. 1976 No. 227, to which there are amendments not relevant to these regulations

[^f00050]: S.R. 1979 No. 5, to which there are amendments not relevant to these regulations

[^f00051]: Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and amended by S.R. 1997 No. 417

[^f00052]: Regulation 36AB was inserted by regulation 2(6) of S.R. 1994 No. 345

[^f00053]: Schedule 8A was inserted by the Schedule to S.R. 1988 No. 67

[^f00054]: Regulation 34A was inserted by regulation 2(2) of S.R. 1988 No. 67 and amended by S.R. 1988 Nos. 141 and 369, S.R. 1989 No. 398 and S.R. 1992 No. 271

[^f00055]: Paragraph 4A was inserted by regulation 6(7)(d) of S.R. 1991 No. 488 and amended by S.R. 1996 No. 354

[^f00056]: Paragraph 7A was inserted by regulation 2(3) of S.R. 1993 No. 146 and amended by S.R. 1996 No. 65

[^f00057]: Paragraph 7B was inserted by regulation 2(8)(b) of S.R. 1996 No. 432

[^f00058]: Paragraph 9(3) was inserted by regulation 2(8)(d)(ii) of S.R. 1996 No. 432

[^f00059]: Section 105 was amended by Article 55 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

[^f00060]: O.J. No. L149/2, 5.7.1971 (O.J./S.E. 1971 (II) p. 416)

[^f00061]: Section 156 was amended by paragraph 49 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and paragraph 8 of Schedule 3 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))

[^f00062]: S.R. 1975 No. 98, to which there are amendments not relevant to these regulations

[^f00063]: S.R. 1986 No. 340, to which there are amendments not relevant to these regulations

[^f00064]: S.R. 1984 No. 92; relevant amending regulations are S.R. 1986 No. 340

[^f00065]: S.R. 1992 No. 32, to which there are amendments not relevant to these regulations

[^f00066]: S.R. 1988 No. 142; relevant amending regulations are S.R. 1992 No. 6, S.R. 1993 No. 175 and S.R. 1996 No. 289

[^f00067]: S.R. 1978 No. 114; relevant amending regulations are S.R. 1983 No. 36, S.R. 1984 No. 317, S.R. 1986 No. 340, S.R. 1994 No. 45 and S.R. 1995 No. 150

[^f00068]: Section 155 was amended by paragraph 48 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

[^f00069]: Section 74 was amended by paragraph 186 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) and Article 33(2) of, and paragraph 34 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995

[^f00070]: Cm. 2183 and O.J. No. L1, 3.1.1994, p. 572

[^f00071]: O.J. No. L165, 7.7.1993, p. 1

[^f00072]: O.J. No. L921, 24.10.1997, p. 35