Mother and Baby Institutions Payment Scheme Act 2023
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Review of determination | ||
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27. (1) An applicant may, within 60 days of the date on which a notification under section 26 is sent to him or her, request the Chief Deciding Officer to review one or more of the following: | ||
(a) a determination that the applicant is not a relevant person; | ||
(b) a determination that the applicant is not entitled to a general payment or a work‑related payment; | ||
(c) a determination that the applicant is entitled to a general payment or a work‑related payment of a particular amount; | ||
(d) a determination that the applicant is not eligible for the provision without charge of health services to him or her; | ||
(e) a determination (including a determination under section 25 (2)) that the applicant is not entitled to a health support payment. | ||
(2) A request under subsection (1) shall be in such form and made in such manner as may be prescribed, and shall be accompanied by a statement of the reasons for the request, and by such documents as may be prescribed. | ||
(3) The Chief Deciding Officer shall, on receipt of a request under subsection (1), carry out a review of the determination to which the request relates. | ||
(4) The Chief Deciding Officer, in carrying out a review under subsection (3), shall do so in accordance with any regulations under section 44 and shall— | ||
(a) not be confined to the grounds on which the determination under review was based, but may decide the matter the subject of the review as if it were being decided for the first time, | ||
(b) subject to procedures prescribed under section 44 , and as he or she considers appropriate, consider written or oral submissions made by the applicant and by or on behalf of the person who made the determination the subject of the review, | ||
(c) have regard to any information or documents furnished by the applicant under subsection (1) or, where applicable, subsection (5), and | ||
(d) consider, where relevant to the determination under review, any matter established under paragraph (a) to (d) of section 21 (4) in relation to the applicant. | ||
(5) For the purposes of a review under this section, the Chief Deciding Officer may require an applicant to provide, within such reasonable period as the Chief Deciding Officer may specify— | ||
(a) documentation or information, or | ||
(b) where the Chief Deciding Officer considers it necessary to do so for the purposes of the review, information by affidavit, | ||
in relation to any matter that may be relevant to the decision by the Chief Deciding Officer in relation to the matter under review. | ||
(6) The Chief Deciding Officer, having carried out a review under subsection (3), may decide to affirm or vary the determination the subject of the review. | ||
(7) The Chief Deciding Officer shall, not later than 20 days after the making of his or her decision under subsection (6), notify the applicant in writing of the decision, which notification shall include— | ||
(a) a statement of the decision and of the reasons for it, | ||
(b) where the effect of the decision is that the applicant is entitled to a general payment or a work-related payment— | ||
(i) a statement of that fact and of the amount of such payment calculated in accordance with subsection (1), (2) or (3), as the case may be, of section 18 , | ||
(ii) an offer to the applicant of a payment to him or her of the amount concerned, and | ||
(iii) a statement of the effect of sections 31 , 32 and 33 , | ||
(c) where the effect of the decision is that the applicant is eligible for the provision without charge of health services to him or her (including on the basis that the circumstances referred to in section 25 (2) apply in respect of the applicant), an offer to the applicant of the provision without charge of such services to him or her, and a statement of the effect of section 34 , | ||
(d) where the effect of the decision is that the applicant is eligible for the payment to him or her of a health support payment, an offer to the applicant of such a payment, and a statement of the effect of section 35 , and | ||
(e) a statement of the entitlement of the applicant under section 29 (1) to appeal the decision. |