411Right of appeal on medical grounds

1. Any applicant or beneficiary may appeal to the medical board against a decision of MSD that is—

2. made in relation to the applicant or beneficiary; and
3. of a kind specified in a row of the following table.

The following table is medium in size and has 3 columns. Column 1 is headed Row. Column 2 is headed Assistance or obligations. Column 3 is headed Decision to be appealed.

Row	Assistance or obligations		Decision to be appealed
1	Any benefit		Determination— made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and whether the person assessed is entitled to a benefit and, if so, what kind of benefit
2	Jobseeker support—on the ground of health condition, injury, or disability		Decision that a claim for this benefit is declined, or that this benefit is cancelled, in either case on medical grounds or on grounds relating to a person’s capacity for work
3	Jobseeker support—on the ground of health condition, injury, or disability		Determination under section 141(1) that a beneficiary has, while receiving this 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 given under section 141(4)
4	Jobseeker support—on the ground of health condition, injury, or disability		Decision to confirm, amend, revoke, or replace under section 141(6) a determination, and that results in a determination under section 141(1) that a beneficiary has, while receiving this 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 given under section 141(4)
5	Jobseeker support—on the ground of health condition, injury, or disability		Determination— made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and whether the person assessed, being a person receiving this benefit, has for the purposes of section 141(1) the capacity to seek, undertake, and be available for part-time work (see also section 155)
6	Jobseeker support—except on the ground of health condition, injury, or disability		Determination— made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and whether the person assessed, being a person receiving this benefit, is entitled on an application or on MSD’s own initiative, to deferral of work-test obligations under section 155
7	Jobseeker support—except on the ground of health condition, injury, or disability		Decision to decline under section 155 on medical grounds an application— made by a beneficiary granted this benefit; and made under section 155; and for deferral of all or any of the beneficiary’s work-test obligations
8	Jobseeker support—on any ground		Decision on medical grounds under section 155 to revoke a deferral granted under section 155 of all or any of the beneficiary’s work-test obligations
9	Work-test obligations or work-preparation obligations		Determination— made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and whether the person assessed, being a person who is subject to work-test obligations or work-preparation obligations, has the capacity to meet those obligations
10	Drug-testing obligation		Decision under section 250(1)(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— not complying with a drug-testing obligation: failing to apply for suitable employment that requires candidates to undertake drug tests
11	Supported living payment—on the ground of restricted work capacity or total blindness		Decision that a claim for this benefit is declined, or that this benefit is cancelled, in either case on medical grounds
12	Supported living payment—on the ground of restricted work capacity or total blindness		Decision under section 123(1)(a) that a person receiving this benefit has the capacity to comply with obligations under section 125
13	Child disability allowance		Decision that a claim for this benefit is declined, or that this benefit is cancelled, in either case on the ground that the child is not a child with a serious disability (as defined in section 79)
14	Veteran’s pension under section 164 of the Veterans’ Support Act 2014		Decision to decline a claim for, or to cancel, this benefit, in either case on the ground of the applicant’s or beneficiary’s mental or physical infirmity

Compare

• 1964 No 136 s 10B(1)