Claims to disablement benefit

(1) The Manager, before determining a claim to disablement benefit, shall refer the disablement questions arising from such claim to a medical board for determination. 170 Social Security (2) The disablement questions arising from a claim to disablement benefit are– (a) whether the relevant accident has resulted in loss of faculty; (b) at what percentage the extent of disablement resulting from loss of faculty is to be assessed having regard to the provisions of the Benefit Regulations; and (c) if the extent of disablement is assessed at twenty per cent or more – (i) whether the assessment is final; or (ii) if the assessment is provisional, the period to be taken into account. (3) Where a provisional assessment is made in accordance with paragraph (2) the Manager shall refer the case again to a medical board before the end of the period taken into account by the provisional assessment. (4) Where a person, who had been given reasonable notice to appear before a medical board for the purpose of any inquiry under this Regulation, fails to do so, the medical board shall not proceed to determine the matter concerned without the consent of the person concerned. (5) A medical practitioner shall be debarred from acting as member of a medical board for the purpose of determining disablement questions if he– (a) is or may be directly or indirectly personally affected by the outcome of the case; or (b) has taken any part in such case as a medical assessor, as employer or as witness or has Social Security 171 attended on the claimant or beneficiary in his capacity as private medical practitioner. (6) A medical board to which disablement questions have been referred for determination shall send their decision to the Manager as soon as practicable after the consideration of such questions and the Manager shall forthwith send a copy of the decision to the claimant: Provided that in any case where the medical board are of the opinion that any knowledge of their findings could be detrimental to the health of the claimant they may recommend the form in which their decision should be communicated to him. (7) Where it appears to a medical board that a question of law arises from any disablement question they may state in writing the facts material to the question and refer the question of law (through the Manager) for determination by an appeal tribunal. (8) The Manager shall as soon as practicable refer the question of law mentioned in paragraph (7) to an appeal tribunal, and shall send a copy of the notice of such reference to the claimant. (9) Upon receiving the tribunal’s decision the Manager shall forthwith send a copy thereof to the claimant and to the medical board with a view to proceeding with the determination of the disablement question. (10) Notwithstanding the provisions of paragraph (1) of this Regulation, any disablement question arising from a claim to disablement benefit may, with the consent in writing of the claimant, be referred for determination to a single medical practitioner appointed by the Board to act as medical 172 Social Security (11) The provisions of the preceding paragraphs in this Regulation relating to medical board shall apply mutatis mutandis to a medical referee.