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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 2

Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers

Appointment of appeals officers.

[1981, s. 297(1)]

251.—The Minister may appoint such and so many of his officers 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.

Chief Appeals Officer

Chief Appeals Officer.

[1981, s. 297(2)]

252.—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.

Reference of appeal to High Court by Chief Appeals Officer.

[1990, s. 20(a)]

253.—The Chief Appeals Officer may, where he considers it appropriate, refer any question which has been referred to an appeals officer, other than a question to which section 265 applies, for the decision of the High Court.

Annual reports by Chief Appeals Officer.

[1990, s. 20(b)]

254.—(1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Chief Appeals Officer shall make a report to the Minister of his activities and the activities of the appeals officers under this Part during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

[1990, s. 20(b)]

(2) A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.

[1990, s. 20(b)]

(3) The Chief Appeals Officer shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning his activities or the activities of appeals officers under this Part.

Appointment of assessors by Chief Appeals Officer.

[1981, s. 298 (12)(a); 1990, s. 19(e); 1992, s. 42]

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

(b) The Chief Appeals Officer 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 such manner as he may determine from such panels to so sit when any question which, in the opinion of the Chief Appeals Officer, is appropriate for the assistance of assessors is heard.

Other functions of Chief Appeals Officer.

[1990, s. 20(b)]

[1990, s. 20(b)]

256.—(1) The Chief Appeals Officer shall have such other functions in relation to appeals under this Part as may be prescribed.

(2) In this section “functions” includes powers, duties and obligations.

Procedures for Appeals

Appeals and references to appeals officers.

[1990, s. 19(a)]

257.—(1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.

[1981, s. 298(4)]

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

[1981, s. 298(5)]

(3) 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.

Power to take evidence on oath.

[1981, s. 298(7)]

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

Notification to persons to attend and give evidence or produce documents at appeal hearing.

[1981, s. 298(8)]

259.—(1) 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 Part or to produce any documents in his possession, custody or control which relate to any such matter.

[1981, s. 298(9); 1990, s. 19(c)]

(2) A notice under subsection (1) 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 or at his place of business.

[1981, s. 298(10); 1990, s. 19(d)]

(3) A person to whom a notice under subsection (1) 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 £1,000.

[1990, s. 19(f)]

(4) Where a person required to attend to give evidence or to produce documents under subsection (1) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required.

Procedure where assessor appointed.

[1981, s. 298 (12)(c)]

260.—Any matter referred to an appeals officer under this Part and to be heard by the appeals officer sitting with an assessor appointed under section 255 may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.

Award of expenses.

[1981, s. 298(11)]

261.—(1) An appeals officer may, in relation to any matter referred to him under this Part, 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.

[1981, s. 298(13)]

(2) The Minister may pay to assessors referred to in section 255 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.

Revised Decisions by Chief Appeals Officer and by Appeals Officers

Revision by appeals officer of decisions of appeals officers.

[1993, s. 31(1)]

262.—An appeals officer may, at any 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.

Revision by Chief Appeals Officer of decisions of appeals officers.

[1993, s. 31(1)]

263.—The Chief Appeals Officer may, at any 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.

Effect of revised decisions by appeals officers.

[1993, s. 31(1)]

264.—A revised decision given by an appeals officer shall take effect as follows—

(a) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision be disallowed or reduced 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 appeals officer, 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) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this Act) which have been brought to the notice of the appeals officer since the original decision was given, it shall take effect from such date as the appeals officer shall determine having regard to the new facts or new evidence;

(c) in any other case, it shall take effect as from the date considered appropriate by the appeals officer having regard to the circumstances of the case.

Decision of appeals officer to be final and conclusive.

[1993, s. 31(2)]

265.—The decision of an appeals officer on any question—

(a) specified in section 247(2)(a)(i), (ii) or (iii), other than a question arising under Chapter 10 of Part II as to whether an accident arose out of and in the course of employment, and

(b) arising under Part III, IV, V, VI, VIII or this Part,

shall, subject to sections 248(1)(b), 262, 263 and 271, be final and conclusive.