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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

PART VIII

Decisions, Appeals and Miscellaneous

Decisions and Appeals

Deciding officers.

[1952, s. 41]

295. —The Minister may appoint from his officers such and so many persons as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.

Decisions by deciding officers.

[1952, s. 42; S.I. No. of 9 of 1953; S.I. No. 11 of 1953]

296. —(1) Subject to this Part and in accordance with any relevant regulations, every question to which this section applies shall be decided by a deciding officer.

(2) This section applies to every question arising under—

(a) Part II (social insurance), being a question referred to in section 111 ,

(b) Part III (social assistance) other than Chapter 3 (old age pension) except as provided by section 162 (2) and Chapter 6 (supplementary welfare allowance),

(c) Part IV (children's allowance), and

(d) Part V (intermittent unemployment insurance), being a question referred to in section 271 .

Appeals officers.

[1952, s. 43]

297. —(1) The Minister may appoint from his officers such and so many persons as he thinks proper to be appeals officers for the purposes of this Act, except the provisions relating to supplementary welfare allowance, and every person so appointed shall hold office as an appeals officer during the pleasure of the Minister.

(2) One of the appeals officers shall be designated by the Minister to be the Chief Appeals Officer and another of them shall be designated by the Minister to act as the deputy for the Chief Appeals Officer when that Officer is not available.

(3) The Chief Appeals Officer shall be responsible for the distribution amongst the appeals officers of the references to them and for the prompt consideration of such references.

Appeals and references to appeals officers.

[1952, s. 44; 1908 OAP, s. 7(1) (c); S.I. No. 9 of 1953]

298. —(1) If any person is dissatisfied with the decision given by a deciding officer or by a local pension committee the question shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.

[1908 OAP, s. 7(1) (d); S.I. No. 9 of 1953]

(2) If any person, including a social welfare officer, is aggrieved by the refusal or neglect of a local pension committee to consider a claim for an old age pension or a blind pension or to determine any question referred to them, that person may submit the matter to the Minister who may, if he considers that the local pension committee have refused or neglected to consider and determine the claim or question within a reasonable time, refer the claim or question to the Chief Appeals Officer to be determined in the same manner as on an appeal from the decision of the local pension committee.

(3) A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him to an appeals officer.

(4) Regulations may provide for the procedure to be followed on appeals and references under this section.

(5) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time.

[1966 OI, s. 38]

(6) The decision of an appeals officer on any question—

(a) specified in section 111 (1) (a) (b) or (c), other than a question arising under Chapter 5 of Part II as to whether an accident arose out of and in the course of employment, or

(b) arising under Part III or IV, or

(c) specified in section 271 (a) (b) (c) (d) or (e),

shall, subject to section 300 (3) and 300 (4), be final and conclusive.

(7) An appeals officer shall, on the hearing of any matter referred to him under this section, have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at such hearing.

(8) An appeals officer may, by giving notice in that behalf in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this section or to produce any documents in his possession, custody or control which relate to any such matter.

(9) A notice under subsection (8) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he ordinarily resides.

[1976 (No. 2), s. 2]

(10) A person to whom a notice under subsection (8) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(11) An appeals officer may, in relation to any matter referred to him under this section, award to any person any costs or expenses (including expenses representing loss of remunerative time) which he considers reasonable, and the award shall be payable by the Minister.

(12) (a) The Minister may appoint any person whom he considers suitable to sit as an assessor with an appeals officer when any question which appears to the Minister to require the assistance of assessors is heard.

(b) The Minister may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in the prescribed manner from such panels to so sit when any question which is of a class prescribed as being appropriate for the assistance of assessors is heard.

(c) Any matter referred to an appeals officer under this section and to be heard by the appeals officer sitting with any such assessor may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.

(13) The Minister may pay to assessors referred to in subsection (12) such amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Finance, determines.

Appeals to High Court.

[1952, s. 45; 1966 OI, s. 38]

299. —Where any question other than a question to which section 298 (6) applies is referred to an appeals officer—

(a) the Minister may, on the request of the Chief Appeals Officer, refer the question for the decision of the High Court, and

(b) if the question is decided by an appeals officer, any person who is dissatisfied with the decision may appeal therefrom to the High Court on any question of law.

Revision of decisions.

[1952, s. 46; S.I. No. 9 of 1953]

300. —(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him that there has been any relevant change of circumstances since the decision was given, and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision.

(2) Subsection (1) shall not apply to a decision relating to a matter which is on appeal or reference under section 298 unless the revised decision would be in favour of a claimant.

(3) An appeals officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him that there has been any relevant change of circumstances since the decision was given.

(4) The Chief Appeals Officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts, and, save where the question is a question to which section 298 (6) applies, any person who is dissatisfied with the revised decision may appeal therefrom to the High Court on any question of law.

(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows—

(a) where any benefit (including supplementary benefit under Part V ), assistance or a children's allowance will, by virtue of the revised decision, be disallowed or reduced or a qualification certificate under Chapter 2 of Part III is revoked and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be), continue to apply to any period covered by the original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be), but—

(i) any payment of benefit (including supplementary benefit under Part V ) already made at the date of the revision shall (without prejudice to its being treated, in accordance with regulations for the purposes of section 113 (2) (b), as paid on account of another benefit) not be affected, and

(ii) any payment of any assistance or children's allowance already made at the date of the revision shall not be affected, though it may be treated as paid on account of other assistance or children's allowance or on account of benefit (other than supplementary benefit under Part V ) where it is decided that such other assistance, allowance or benefit was properly payable.

[S.I. No. 305 of 1953]

(6) Where it appears to the Minister that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of assistance (other than a supplementary welfare allowance under Part III ) or a children's allowance payable under a decision are or were fulfilled, or

(b) a decision that such assistance or such allowance is payable ought to be revised under this section,

he may direct that payment of the assistance or allowance shall be suspended in whole or in part until the question has been decided.

(7) Where, in accordance with the provisions of this Act—

[S.I. No. 127 of 1963]

(a) a decision is varied or reversed by a deciding officer, a local pension committee or an appeals officer so as to disallow or reduce assistance (other than a supplementary welfare allowance under Part III ) or a children's allowance paid or payable to a person, and

(b) the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact,

any such assistance or children's allowance repayable in pursuance of the revised decision may, without prejudice to any other method of recovery and in addition to the existing powers of recovery under this Act, be recovered by deduction from either benefit (except maternity benefit, orphan's (contributory) allowance or supplementary benefit under Part V ) or assistance (except orphan's (non-contributory) pension or supplementary welfare allowance) to which such person then is or becomes entitled.

(8) A reference in this section to revision includes a reference to revision consisting of a reversal.

Certificate by deciding or appeals officer.

[1952, s. 56; 1946 CA, s. 8]

301. —A document purporting to be a certificate of a decision made pursuant to this Act or regulations by a deciding officer or an appeals officer and to be signed by him shall be prima facie evidence of the making of that decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.

Miscellaneous

Stamp duty.

[1933 UA, s. 32; 1937 WOPS, s. 29; 1942 IU, s. 55; 1946 CA, s. 11; 1952, s. 51; S.I. No. 168 of 1977]

302. —Stamp duty shall not be chargeable upon any document by which any payment, refund, repayment or return pursuant to this Act is made.

Birth, marriage and death certificates.

[1933 UA, s. 31; 1935 WOPS, s. 59; 1942 IU, s. 54; 1944 CA, s. 13; 1948, s. 8; 1952, s. 50; S.I. No. 61 of 1953; S.I. No. 384 of 1952]

303. —(1) Where, for the purposes of this Act (other than Chapter 6 of Part III ), the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health, be entitled to obtain, on payment of the fee set out therefor—

(a) a copy of an entry in a register of birth—five pence,

(b) a copy of an entry in a register of deaths—seven and one-half pence,

(c) a copy of an entry in a register of marriages—seven and one-half pence,

certified under the hand of the registrar or superintendent registrar or other person having the custody thereof.

[S.I. No. 168 of 1977]

(2) Where, for the purposes of Chapter 6 of Part III or regulations made under that Chapter, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death, any person shall, on presenting a written request in such form and containing such particulars as may be directed by the Minister for Health, be entitled free of charge to obtain a certified copy of the entry of the birth, marriage or death (as the case may be) of that person in the register of births, marriages or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof.

(3) Forms for the purposes of subsections (1) and (2) shall be supplied on request without any charge by every registrar of births and deaths and by every superintendent registrar or other person having the custody of the register.

(4) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations alter the fees set out in subsection (1).

Inalienability.

[1908 OAP, s. 6; 1933 UA, s. 23; 1935 WOPS, s. 62; 1944 CA, s. 16; 1952. s. 33; S.I. No. 168 of 1977]

304. —Subject to this Act, every assignment of or charge on, and every agreement to assign or charge, any benefit or assistance or a children's allowance shall be void and on the bankruptcy of any person entitled to benefit or assistance or allowance, the benefit or assistance or allowance (as the case may be) shall not pass to any trustee or other person acting on behalf of the creditors.

Means for purpose of Debtors Acts (Ireland), 1872.

[1935 WOPS, s. 62; 1944 CA, s.16; 1952, s. 33; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974, 168 of 1977]

305. —Any sum received by any person by way of benefit, children's allowance or assistance with the exception of assistance under Chapters 2 and 3 of Part III shall not be included in calculating that person's means for the purposes of section 6 of the Debtors Act (Ireland), 1872.

Exclusion in assessment of damages.

[1935 WOPS, s. 60; 1944 CA, s. 14; 1952, s. 34]

306. —(1) In assessing damages in any action under the Fatal Injuries Act, 1956 , or Part IV of the Civil Liability Act, 1961 , whether commenced before or after the passing of this Act, there shall not be taken into account any children's allowance, widow's (contributory) pension, orphan's (contributory) allowance or widow's or orphan's (non-contributory) pension.

(2) Subject to section 68 , in assessing damages in any action in respect of injury or disease or in computing the amount of compensation under paragraph (1) (a) (ii) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rule 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934 , there shall not be taken into account any benefit under Part II , widow's or orphan's (non-contributory) pension or children's allowance.

Reciprocal arrangements.

[1966 MP, s. 15; 1977, s. 22]

307. —(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements made with any international organisation, any other State or Government or the proper authority under any other Government, in respect of matters relating to insurance and benefits under Part II , old age and blind pensions, widow's or orphan's (non-contributory) pensions, unemployment assistance and children's allowances, and may by any such order make such adaptations of and modifications in respect of these matters as he considers necessary.

(2) The Minister may by order amend or revoke an order under this section.

Regulations varying rates of benefit or assistance.

[1975, s. 16; 1975 SWA, s. 10]

308. —(1) Notwithstanding anything in this Act or in any regulations made under this Act, the Minister may by regulations vary all or any of the rates of benefit, allowance, pension or assistance.

(2) Regulations under subsection (1) shall not so vary the rate of any benefit, allowance, pension or assistance as to reduce the amount of the rate payable at the commencement of the regulations.

Regulations securing continuity of certain provisions repealed, amended, etc.

[1978 AM, s. 20]

309. —The Minister may make regulations for the purpose of securing the continuity of the provisions of the Social Welfare (Amendment) Act, 1978 , contained in this Act, with any provision repealed or amended by that Act or otherwise for the preservation of rights conferred under or by virtue of any of those provisions. Without prejudice to the generality of the foregoing, regulations under this section may provide for the manner in which contributions paid or credited in respect of any period before the commencement of any provision of the Social Welfare (Amendment) Act, 1978 , shall be taken into account for the purpose of determining entitlement to any benefit under this Act after such commencement.