Social Welfare Act 2019

Appeals to Circuit Court

7. Section 307 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “(other than a decision of a deciding officer who is a bureau officer)” after “a decision of a deciding officer”, and

(b) by the insertion of the following subsections after subsection (1):

“(1A) Whenever a person has, on or after the coming into operation of section 7 of the Social Welfare Act 2019, appealed a decision of a deciding officer who is a bureau officer, the Chief Appeals Officer shall cause a direction to be issued to the person who has submitted the appeal directing the person to submit the appeal not later than 21 days from receipt of the direction to the Circuit Court and the Circuit Court may, on hearing the appeal as it thinks proper, affirm the decision or substitute the decision of the deciding officer in accordance with this Act and on the same evidence as would otherwise be available to the Appeals Officer.

(1B) The jurisdiction conferred on the Circuit Court by subsection (1A) shall be exercised—

(a) where a person who appealed the decision concerned is not resident in the State, by the judge of the circuit where the decision was made, and

(b) in any other case, by the judge of the circuit in which the person who appealed the decision concerned resides or carries on any profession, business or occupation.”.