The Social Security Commissioners Procedure (Amendment) Regulations (Northern Ireland) 1997

Made: 21st September 1997

To be laid before Parliament

Coming into operation: 1st November 1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 21(10), 32(4), 46(3) and 165(2) of the Social Security Administration (Northern Ireland) Act 1992[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security Commissioners Procedure (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 1st November 1997.

Amendment of the Social Security Commissioners Procedure Regulations

2

• (1) The Social Security Commissioners Procedure Regulations (Northern Ireland) 1987[^f00002] shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2(1) (interpretation) after the definition of “forfeiture rule question” there shall be inserted the following definition—

• “full statement of the tribunal’s decision” has the same meaning as in regulations 23(3A), 29(6A) and 38(5A) of the Social Security (Adjudication) Regulations (Northern Ireland) 1995[^f00003];

• (3) In regulation 4 (notice of application to a Commissioner for leave to appeal)—

• (a) in paragraph (1) for “a copy of the decision against which leave to appeal is being sought” there shall be substituted “a copy of the full statement of the tribunal’s decision against which leave to appeal is being sought”; and

• (b) in paragraph (2) “, otherwise than by a decision recorded in the record of the proceedings of the tribunal,” shall be omitted.

• (4) In regulation 6 (notice of appeal) for “decision” there shall be substituted “full statement of the tribunal’s decision”.

Signed

Irvine of Lairg, C. — Dated 21st September 1997

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Social Security Commissioners Procedure Regulations (Northern Ireland) 1987 to provide that any application for leave to appeal or any appeal to a Commissioner from a decision of a social security appeal tribunal, a disability appeal tribunal, a medical appeal tribunal shall be accompanied by a copy of the tribunal’s statement of the reasons for its decision and of its findings on questions of fact material thereto.

Footnotes

[^f00001]: 1992 c. 8

[^f00002]: S.R. 1987 No. 112; to which there are amendments not relevant to these regulations

[^f00003]: S.R. 1995 No. 293; relevant amending regulations are S.R. 1996 No. 457 and S.R. 1997 No. 164