Social Welfare (Consolidation) Act, 1981
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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. |