Social Security Act 1964

  • repealed
  • Social Security Act 1964: repealed, on 26 November 2018, by section 455(1) of the Social Security Act 2018 (2018 No 32).

Appeals to medical board

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

10B Right of appeal on medical grounds

(1)

Any applicant or beneficiary affected may appeal to the Board against a decision of the chief executive made in relation to the applicant or beneficiary that is—

(a)

a decision that a claim for a child disability allowance is declined, or that any such allowance is cancelled, in either case on the ground that the child is not a child with a serious disability (within the meaning of section 39A(1) and (2)); or

(b)

a decision that a claim for a supported living payment on the ground of sickness, injury, disability, or total blindness is declined, or that any such benefit is cancelled, in either case on medical grounds; or

(c)

a decision under section 60Q(1)(bb) that a person in receipt of a supported living payment on the ground of sickness, injury, disability, or total blindness has the capacity to comply with obligations under section 60Q(3); or

(d)

a decision under section 60Q(1)(bc) that a person in receipt of a supported living payment on the ground of caring for a patient requiring care has the capacity to comply with obligations under section 60Q(3); or

(e)

a decision that a claim for jobseeker support on the ground of sickness, injury, or disability is declined on medical grounds or on grounds relating to a person’s capacity for work, or that a person’s jobseeker support on the ground of sickness, injury, or disability is cancelled on medical grounds or on grounds relating to the person’s capacity for work; or

(f)

a determination under section 88F(2) that a jobseeker support beneficiary on the ground of sickness, injury, or disability has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work, and so is required to comply with the work test on and after a date specified in a notice under section 88F(4); or

(g)

a confirmation, amendment, revocation, or replacement under section 88F(6) of a determination, and that results in a determination of the kind specified in paragraph (f) of this subsection; or

(h)

a decision on medical grounds under section 88I(2) to decline an application under section 88H(2) by a beneficiary granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) for deferral of all or any of the beneficiary’s work test obligations; or

(i)

a decision on medical grounds under section 88I(7) to revoke a deferral granted under section 88I of all or any work test obligations of a beneficiary granted—

(i)

jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability); or

(ii)

jobseeker support granted on the ground of sickness, injury, or disability; or

(j)

any of the following made in reliance on any work ability assessment by a health practitioner under section 100B:

(i)

a determination whether the person assessed is entitled to a benefit and, if so, what kind of benefit:

(ii)

a determination whether the person assessed, being a person in receipt of jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability), is entitled on an application under section 88H, or under section 88I(4), to deferral of work test obligations under section 88I:

(iii)

a determination whether the person assessed, being a person in receipt of jobseeker support on the ground of sickness, injury, or disability, has for the purposes of section 88F(2) the capacity to seek, undertake, and be available for part-time work:

(iv)

a determination whether the person assessed, being a person who is subject to work test obligations or work preparation obligations under section 60Q, has the capacity to meet those obligations; or

(k)

a decision under section 116C(2)(a) to the effect that a beneficiary does not have a good and sufficient reason, on the ground that the beneficiary is addicted to, or dependent on, controlled drugs, for either or both:

(i)

not complying with a drug testing obligation under section 102B(1):

(ii)

failing to apply for suitable employment that requires candidates to undertake drug tests; or

(l)

a decision to decline a claim for a veteran’s pension under section 164 of the Veterans’ Support Act 2014, or to cancel any such pension, in either case on the ground of the applicant’s or beneficiary’s mental or physical infirmity.

(2)

An appeal under this section must be made within—

(a)

3 months after the decision has been communicated to that person; or

(b)

any further period the Board may (if it considers there is good reason for the delay) allow on application made before or after the end of that 3-month period.

(3)

The chief executive is bound by the Board’s decision on an appeal under this section.

(4)

The Board is to comprise 3 members to be appointed by the chief executive for the particular purpose, being medical practitioners, rehabilitation professionals (as defined in subsection (5)), or other persons having appropriate expertise in the fields of vocational training or vocational support for persons with sickness, injury, or disability.

(5)

Rehabilitation professional, in subsection (4), means a person who is—

(a)

a person professionally engaged in the rehabilitation of persons from sickness or accident or with disabilities; or

(b)

a nurse; or

(c)

an occupational therapist; or

(d)

a physiotherapist; or

(e)

a psychologist.

Section 10B: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 10B(1): amended, on 8 July 2016, by section 8 of the Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 (2016 No 36).

Section 10B(1)(l): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).