Mother and Baby Institutions Payment Scheme Act 2023
|
Examination of application: general | ||
|
21. (1) On receipt of an application, the Chief Deciding Officer shall, subject to subsections (2) and (3)— | ||
(a) not later than 28 days after such receipt, acknowledge receipt of the application, and | ||
(b) proceed to examine the application in accordance with this section and sections 22 to 24 , and make his or her determination of the applicant’s entitlement under section 18 to each payment or eligibility for the provision without charge of health services, for which the applicant has applied. | ||
(2) Where— | ||
(a) an application is not accompanied by the information referred to in section 19 (5), or | ||
(b) the Chief Deciding Officer is of the view that the applicant has not provided such information as the Chief Deciding Officer may reasonably require in order to examine the application in accordance with this Part, | ||
the Chief Deciding Officer shall inform the applicant that paragraph (a) or (b), as the case may be, applies and the reasons for this and request the applicant to provide, within such reasonable period as the Chief Deciding Officer may specify, the information required. | ||
(3) The Chief Deciding Officer— | ||
(a) shall, subject to paragraph (b), complete his or her examination of an application and make his or her determination, as soon as practicable, and | ||
(b) may accord priority to the examination of an application where he or she considers that it is in the interest of fairness and efficiency to do so, having regard in particular to the personal circumstances, including the age and state of health, of the applicant. | ||
(4) In examining an application under this section, the Chief Deciding Officer shall— | ||
(a) establish the identity of the applicant, | ||
(b) establish whether the applicant is a relevant person, | ||
(c) where the applicant is a relevant person, make, in accordance with section 24 , the calculations specified in subsection (1) of that section, and | ||
(d) where the application is for a health support payment, establish whether the applicant is not ordinarily resident in the State. | ||
(5) The Minister may issue guidelines to assist persons in establishing, for the purposes of this Part, whether an applicant is not ordinarily resident in the State. | ||
(6) For the purposes of his or her examination under this section, the Chief Deciding Officer shall have regard to— | ||
(a) the information provided by the applicant with his or her application, or pursuant to a request under subsection (2), | ||
(b) the information provided by— | ||
(i) an information source in accordance with section 22 , and | ||
(ii) any other person, on the request of the Chief Deciding Officer, where the Chief Deciding Officer considers the information to be relevant to the application, | ||
(c) the information (if any) accessed and processed by him or her in accordance with section 52 or 53 , and | ||
(d) where applicable, the information provided by affidavit by the applicant under section 23 . |