Social Security
(Determination of Disablement Questions) (Jersey) Order 1974[1]
THE EMPLOYMENT
AND SOCIAL SECURITY COMMITTEE, in pursuance of Articles 34 and 51 of the Social Security (Jersey)
Law 1974,[2] orders as follows –
Commencement [see endnotes]
1 Interpretation
(1) In
this Order –
“Law” means the Social Security (Jersey) Law 1974[3];
“Registrar” means the Registrar appointed under
Article 4 of the Social Security (Determination of Claims and Questions)
(Jersey) Order 1974[4];
“Tribunal” means the Social Security Medical Appeals
Tribunal.[5]
(2) Any
notice to a person under this Order may be given by sending it to the person at
his or her ordinary or last-known address, but this paragraph does not limit
any other mode of giving notice.[6]
2 Medical
boards[7]
A person shall not act as a member of a medical board, in respect of
any case referred to the board for determination, if –
(a) the
person is or may be directly affected by that case; or
(b) the
person has taken any part in such case as a medical assessor or as a medical
practitioner who has regularly attended the claimant or to whom any question
has been referred for examination and report or as an employer or as a witness.
3 [8]
4 Notice
of sitting and procedure of medical boards
(1) Reasonable
notice of the time and place at which a medical board will sit for the
consideration of any case shall be given to the claimant and if, after such
notice has been given, the claimant fails to appear at the sitting of the board,
the board shall not proceed to determine the questions referred to it without the
claimant’s consent.
(2) No person
shall be entitled to be present during the consideration of any question by a
medical board other than the claimant and any other person whom the medical board
may, with the consent of the claimant, allow to be present as being a person
who, in its opinion, is likely to assist it in the determination of that
question.
5 Notice
of decision of medical board[9]
(1) A
medical board shall in each case record its decision in writing.
(2) The
record of the decision shall be signed by each member of the medical board.
(3) The
record of the decision shall include a statement of the medical board’s
findings on all questions of fact material to its decision.
(4) Written
notice of the decision of a medical board shall be given as soon as practicable
to the claimant.
(5) The
notice of the decision shall contain a summary of the medical board’s
findings and information about the claimant’s right to appeal against the
decision in accordance with Article 7.[10]
(6) The
record and notice shall each be in a form approved by the Minister.
6 Constitution
of Social Security Medical Appeal Tribunal[11]
(1) There
shall be constituted a Social Security Medical Appeal Tribunal, which shall
comprise the following categories of members –
(a) a
chairman and one or more deputy chairmen, being persons holding a qualification
in law; and
(b) a
panel of up to 8 members who are medical practitioners.
(2) The
members shall each be appointed by the States on the recommendation of the
Minister made after consulting the Jersey Appointments Commission established
by Article 17 of the Employment of States of Jersey Employees (Jersey)
Law 2005[12].
(3) A
member of the Tribunal shall hold office for such period as is specified in his
or her appointment and after expiry of such period is eligible for
re-appointment for such period as is specified in his or her new appointment.
(4) A
member may continue in office, after the expiry of his or her term of office,
for the purposes of completing any proceeding that the member has begun to hear
before the expiry of the term of office.
(5) A member
of the Tribunal shall cease to hold office on resigning in writing delivered to
the Minister.
(6) Any
member of the Tribunal shall cease to hold office –
(a) on
becoming bankrupt;
(b) on
the appointment, under Part 4 of the Capacity and Self-Determination
(Jersey) Law 2016[13], of a delegate in relation
to the member;
(c) on
being received into guardianship under the Mental Health (Jersey) Law 2016[14];
(d) on
ceasing to be qualified for membership in the category for which the member was
appointed; or
(e) on
being removed from office by the Royal Court, if the member is guilty of
misconduct or has been unable to carry out his or her duties because of
ill-health or other commitments for a continuous period exceeding
6 months.[15]
(7) A
member of the Tribunal shall not be removed from office for any other reason.
(8) For
the purposes of hearing any appeal or reference to it under Article 34B
or 34C of the Law the Tribunal shall consist of one person from the
category of members mentioned in paragraph (1)(a) and two persons from the
category of members mentioned in paragraph (1)(b), selected by the
Registrar.
(9) However,
a person shall not hear any case if he or she –
(a) was
involved in an earlier determination of the case;
(b) is
a doctor who has regularly attended the appellant or a member of the
appellant’s household; or
(c) has
any personal or pecuniary interest, whether direct or indirect, in the outcome.
7 Notice
of appeal[16]
(1) An
appeal by a claimant against a decision of a medical board under
Article 34B of the Law shall be brought by giving notice of appeal to the
Registrar within 14 days of receiving notice of that decision under
Article 5.
(2) However,
a notice of appeal given more than 14 days after, but within 28 days
of, receiving notification of the decision of the medical board, may be allowed
with the consent of the chairman or a deputy chairman of the Tribunal.
(3) A
reference by the Minister to the Tribunal under Article 34C of the Law
shall be brought by giving notice of the reference to the Registrar.
(4) Every
notice of appeal or reference given under this Article shall be made in writing
to the Registrar on a form approved by the Registrar for that purpose, or in
such manner as the Registrar may accept as sufficient in the circumstances of
the case.
8 Procedure of Tribunal[17]
(1) The
parties to the hearing shall be the applicant and the Minister and each party
or any person acting on behalf of that party may make representations to the
Tribunal.
(2) The
Tribunal shall sit in public unless the Tribunal considers it necessary to sit
in private.
(3) However,
no person other than the Registrar shall be present while the Tribunal is
considering its decision.
(4) The
Tribunal may adjourn the hearing from time to time as it thinks fit.
(5) The
Tribunal may, if it thinks fit, admit any duly authenticated written statement
or other material as prima facie evidence of
any fact or facts in any case in which it thinks it just and proper to do so.
(6) The
Tribunal may, if it thinks fit, call for such documents and examine such
witnesses as appear to it likely to afford evidence relevant and material to
the issue, although not tendered by either the applicant or the Minister.
(7) If,
after notice of the hearing has been duly given, the applicant or the Minister
fails to appear at the hearing, the Tribunal may proceed to determine the
matter notwithstanding the absence of both or either of them, or may give such
directions with a view to the determination of the application as the Tribunal
thinks just and proper.
(8) The
Tribunal may require any party to proceedings before the Tribunal under this
Order or any witness in the proceedings to give evidence on oath and, for that
purpose, the chairman or deputy chairman presiding over the Tribunal shall have
power to administer an oath.
(9) Where,
in connection with the determination of any claim or question, there is before
the Tribunal medical advice or medical evidence relating to the applicant that
has not been disclosed to the applicant and, in the opinion of the chairman or
deputy chairman, the disclosure to the applicant of that advice or evidence
would be harmful to the applicant’s health, such advice or evidence shall
not be required to be disclosed to the applicant, but the Tribunal shall not by
reason of such non-disclosure be precluded from taking it into account for the
purpose of the review.
(10) On
hearing any matter under this Article, the Tribunal may confirm, reverse or
vary the decision of the medical board and shall give its decision in public.
(11) The
decision of the majority of the members of the Tribunal shall be the decision
of the Tribunal and there shall be a written record of the decision signed by
the chairman or deputy chairman as the case may be which –
(a) includes
the names of the Tribunal members;
(b) includes
the reasons for the decision; and
(c) records
any dissent and the reasons for such dissent,
and the Registrar shall send a copy of such written record to the
parties as soon as practicable after the review has taken place.
(12) Where the
Tribunal has made a decision adverse to the applicant, the applicant shall be
advised that the decision on the facts is final.
(13) Subject
to this Article, the Tribunal may regulate its own procedure.
9 [18]
10 Miscellaneous
Provisions
(1) Where
in connection with the determination of any question specified in
Article 34A(1) of the Law, there is before a medical board medical advice
or medical evidence relating to the claimant which has not been disclosed to the
claimant and, in the opinion of the chairman of the medical board, the
disclosure to the claimant of that advice or evidence would be harmful to the
claimant’s health, such advice or evidence shall not be required to be
disclosed to the claimant, but the medical board shall not by reason of such
non-disclosure be precluded from taking it into account for the purpose of the said
determination.[19]
(2) For
the purpose of arriving at its decision or discussing any question of procedure
at any sitting or hearing, a medical board shall, notwithstanding anything in
this Order, order all persons, not being members of, or the person acting as
clerk to the board, to withdraw from such sittings or hearing.[20]
(3) Any
power given by this Order to extend the period during which anything is
required to be done under this Order or to dispense with any of the
requirements thereof may be exercised in any case, notwithstanding that the
period during which the thing is required to be done has expired.
(4) The
claimant and any person admitted to the proceedings as being likely to assist a
medical board have the right to be heard at the proceedings of the board.[21]
11 Citation
This Order may be cited as the Social Security (Determination of
Disablement Questions) (Jersey) Order 1974.