Social Welfare Act, 1990

PART V

Appeals

Amendment of section 298 of Principal Act (appeals).

19.— Section 298 of the Principal Act is hereby amended by—

(a) the substitution for subsection (1) (as amended by section 28 of the Social Welfare Act, 1984 ) of the following subsection:

“(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.”,

(b) the insertion after subsection (4) of the following subsection:

“(4A) Notwithstanding subsection (4), where the Minister or a person designated by him considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.”,

(c) the substitution in subsection (9) for “at which he ordinarily resides” of “at which he ordinarily resides or at his place of business”,

(d) the substitution in subsection (10) of “£1,000” for “£500” (inserted by section 22 of the Act of 1988),

(e) the substitution in paragraphs (a) and (b) of subsection (12) for “Minister” of “Chief Appeals Officer” in each place in which it occurs,

(f) the insertion after subsection (13) of the following subsection:

“(14) Where a person required to attend to give evidence or to produce documents under subsection (8) 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.”.