Mother and Baby Institutions Payment Scheme Act 2023
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Appeals | ||
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29. (1) An applicant who is dissatisfied with a decision of the Chief Deciding Officer under section 27 (6) may, within 60 days of the date on which the notification under section 27 (7) is sent to him or her, appeal the decision to an appeals officer. | ||
(2) An appeal under this section 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 appeal, and by such documents as may be prescribed. | ||
(3) Where an appeal is made under this section, the Chief Deciding Officer shall, without delay, assign the appeal to an appeals officer, who shall consider the appeal in accordance with this section. | ||
(4) An appeals officer considering an appeal under this section shall do so in accordance with any regulations under section 44 and shall— | ||
(a) not be confined to the grounds on which the decision under appeal was based, but may decide the matter the subject of the appeal 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 (including information or documentation provided under subsection (5) or in accordance with regulations under section 44 ) made by the applicant and by or on behalf of the person who made the decision under appeal, and information provided under subsection (6), | ||
(c) determine the appeal as soon as is practicable in all the circumstances of the case, and in any case within such period as may be prescribed, and | ||
(d) prepare a report in writing, specifying the determination and the reasons for it and send a copy of the report to the Chief Deciding Officer. | ||
(5) For the purposes of an appeal under this section, the appeals officer may require an applicant to provide, within such reasonable period as the appeals officer may specify— | ||
(a) documentation or information, or | ||
(b) where the appeals 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 determination of the appeal. | ||
(6) (a) For the purposes of an appeal under this section, the appeals officer may request the Chief Deciding Officer to provide him or her with any information in relation to any matter that may be relevant to the determination of the appeal. | ||
(b) The Chief Deciding Officer shall comply with a reasonable request under paragraph (a) and, for the purpose of such compliance, may— | ||
(i) exercise such of his or her powers under this Part as he or she considers appropriate in order to obtain information, and | ||
(ii) share such information with the appeals officer concerned. | ||
(7) An appeals officer, having considered an appeal in accordance with subsection (4), may make a determination to— | ||
(a) affirm the decision the subject of the appeal, | ||
(b) vary the decision the subject of the appeal and replace it with such other decision as the appeals officer considers appropriate, or | ||
(c) refer the matter back to the Chief Deciding Officer for re-examination, with such directions as the appeals officer considers appropriate. | ||
(8) Where the determination of the appeals officer is one referred to in paragraph (a) or (b) of subsection (7), the Chief Deciding Officer shall, not later than 20 days after the making of the determination, notify the applicant in writing of the determination, which notification shall include— | ||
(a) a statement of the determination, | ||
(b) a copy of the report prepared under subsection (4)(d), | ||
(c) where the effect of the determination 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 , and | ||
(ii) subject to section 30 — | ||
(I) an offer to the applicant of a payment to him or her of the amount concerned, and | ||
(II) a statement of the effect of sections 31 , 32 and 33 , | ||
(d) subject to section 30 , where the effect of the determination 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 of such services to him or her, and a statement of the effect of section 34 , | ||
(e) subject to section 30 , where the effect of the determination 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 | ||
(f) a statement of the right of the applicant under section 30 to appeal the determination to the High Court. | ||
(9) Where the determination of the appeals officer is one referred to in paragraph (c) of subsection (7), the Chief Deciding Officer shall— | ||
(a) arrange for the matter to be re-examined under section 21 , and this Part shall apply accordingly, and | ||
(b) not later than 20 days after the making of the determination, notify the applicant in writing of the determination and of the effect of paragraph (a). |