S.I. No. 344/1990 - Social Welfare (Appeals) Regulations, 1990.

S.I. No. 344 of 1990.

SOCIAL WELFARE (APPEALS) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 232 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 298 of that Act (as amended by section 19 of the Social Welfare Act, 1990 (No. 5 of 1990)) and the said section 298 as applied and modified by the Social Welfare (Rent Allowance) (Amendment) (No. 2) Regulations, 1990 ( S.I. No. 302 of 1990 ) and by section 299A of that Act (inserted by section 20 of the Social Welfare Act, 1990 )), hereby makes the following Regulations:—

PART I General

1 Short title.

1. These Regulations may be cited as the Social Welfare (Appeals) Regulations, 1990.

2 Interpretation.

2. In these Regulations, unless the context otherwise requires,—

"the Act" means the Social Welfare (Consolidation) Act, 1981 ;

"hearing" means oral hearing.

3 Commencement.

3. These Regulations shall come into operation on the 1st day of January, 1991.

4 Revocation of regulations.

4. The Regulations specified in column (2) of the Schedule to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule opposite the mention of those Regulations in column (2).

PART II Functions of Chief Appeals Officer

5 Distribution of references to appeals officers.

5. The Chief Appeals Officer shall be responsible for the distribution amongst the appeals officers of the references to them under section 298 (1) of the Act and for the prompt consideration of such references.

6 Convening of meetings.

6. The Chief Appeals Officer may convene, from time to time, meetings of appeals officers for purpose of discussing matters relating to the discharge of the functions of appeals officers including in particular such matters as the avoidance of inappropriate divergences in the application of the statutory provisions for which they are the appropriate determining authority.

7 Reference by a deciding officer to an appeals officer.

7. (1) A reference to an appeals officer by a deciding officer under subsection (3) of section 298 of the Act shall be in the form, for the time being, approved by the Chief Appeals Officer or in any other such manner as the Chief Appeals Officer may accept as sufficient in the circumstances.

(2) Where a reference to an appeals officer is made by a deciding officer under subsection (3) of section 298 of the Act the manner for dealing with it shall, with any necessary modifications, be the same as if the reference were an appeal made under subsection (1) of section 298 of the Act.

PART III Procedure on Appeal

8 Submission of appeal and information to be supplied by appellant.

8. (1) Any person (hereinafter called the appellant) who is dissatisfied with a decision of a deciding officer and wishes to appeal against such decision shall give notice in that behalf, in writing, to the Chief Appeals Officer.

(2) The time within which an appeal may be made shall be any time up to the expiration of 21 days from the date of the notification of the decision to the appellant:

Provided that notice of appeal given after the end of that period may, with the approval of the Chief Appeals Officer, be accepted.

(3) The notice of appeal shall contain a statement of the facts and contentions upon which the appellant intends to rely.

(4) The appellant shall send to the Chief Appeals Officer along with the notice such documentary evidence as the appellant wishes to submit in support of his appeal, and the notice shall contain a list of any such documents.

(5) Any person wishing to withdraw an appeal may do so by sending to the Chief Appeals Officer a notice in writing to that effect.

9 Notification of appeal and information to be supplied.

9. (1) The Chief Appeals Officer shall cause notice of the appeal to be sent to the Minister who shall, as soon as may be, furnish to the Chief Appeals Officer—

( a ) a statement from the deciding officer or on his behalf showing to what extent are admitted or disputed the facts and contentions advanced by the appellant, and

( b ) any information, document or item in the power or control of the deciding officer that is relevant to the appeal.

(2) The Chief Appeals Officer shall cause notice that an appeal has been submitted to be furnished to any other person appearing to be concerned.

10 Further information to be supplied and amendment of pleadings.

10. The appeals officer to whom an appeal is referred may at any time require the appellant or the deciding officer or any other person appearing to the appeals officer to be concerned to furnish to him, in writing, further particulars with respect to the appeal, and may, at any stage of the proceedings, allow the amendment of any notice of appeal, statement, or particulars and may fix the time for furnishing any such statement or particulars upon such terms as he may think fit.

11 Summary appeals.

11. Save as provided in subsection (4A) of section 298 of the Act, where the appeals officer is of the opinion that the case is of such a nature that it can properly be determined without an oral hearing, he may determine the appeal summarily.

12 Oral hearings.

12. Where, in the opinion of the appeals officer, a hearing is required he shall, as soon as may be, fix a date and place for the hearing, and reasonable notice thereof shall be given to the appellant and the deciding officer and any other person appearing to the appeals officer to be concerned in the appeal.

13 Assessors.

13. (1) Assessors shall sit with the appeals officer when any question relating to unemployment benefit or unemployment assistance, other than a question relating to a qualification certificate or involving the means of the appellant, is heard.

(2) Whenever a panel of persons to sit as assessors with appeals officers at the hearing of appeals is constituted by the Chief Appeals Officer under subsection (12) of section 298 of the Act, each member of that panel shall, so far as practicable, be called upon from a rota prepared in advance to serve in turn at successive hearings of appeals officers.

(3) An assessor shall not while sitting as an assessor with an appeals officer take any part in the proceedings otherwise than in his capacity as such assessor and he shall not sit as an assessor when any question in which he has a personal interest is being heard.

14 Attendance at oral hearing.

14. (1) The appellant shall ordinarily appear at the hearing in person and he may be accompanied by any member of his family, or, with the consent of the appeals officer, by any other person.

(2) The appellant may, with the consent of the appeals officer, be represented at the hearing by any member of his family or by any other person.

(3) The deciding officer may appear at the hearing in person or he may be represented by another officer of, or any other person appointed by, the Minister.

(4) There may also appear at the hearing any other person who in the opinion of the appeals officer should be heard.

15 Failure to attend hearing.

15. Where, after notice of a hearing has been duly given, any of the parties fails to appear at the hearing, such order or decision may be made, and such steps may be taken with a view to the determination of, or in reference to, the appeal as the appeals officer may think appropriate.

16 Failure to comply with Regulations.

16. The appeals officer may determine any question duly referred to him, notwithstanding the failure or neglect of any person to comply with any requirement of these Regulations.

17 Procedure at hearing.

17. (1) The procedure at the hearing shall be such as the appeals officer may determine.

(2) The appeals officer may postpone or adjourn the hearing from time to time as he may think fit.

(3) The appeals officer may admit any duly authenticated written statement or other material as prima facie evidence of any fact or facts in any case in which he thinks it appropriate.

18 Decision of appeals officer.

18. (1) The decision of the appeals officer shall be in writing signed by him and shall be sent, as soon as may be, to the Chief Appeals Officer.

(2) In any case where the decision of the appeals officer is not in favour of the appellant, the appeals officer shall append to his decision a note on the reasons therefor.

(3) The Chief Appeals Officer shall, as soon as may be after the receipt of the decision of the appeals officer, cause a memorandum of—

( a ) the decision, and

( b ) where in accordance with sub-article (2) of this article the decision is not in favour of the appellant, the reasons therefor,

to be sent to the appellant and to any other person concerned.

19 Method of sending documents.

19. Any notice or other document required or authorised to be sent to any person for the purpose of these Regulations shall be deemed to be duly sent if sent by post addressed to him at his ordinary address or at his place of business.

Article 4

SCHEDULE

GIVEN under the Official Seal of the Minister for Social Welfare

this 24th day of December, 1990.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

Part V of the Social Welfare Act, 1990 provides for certain changes in the Social Welfare (Consolidation) Act, 1981 to facilitate the establishment of the new Social Welfare Appeals Office as an executive office of the Department of Social Welfare. Under that Act appeals will in future be made to the Chief Appeals Officer, rather than to the Minister. The Act also provides that the functions of the Chief Appeals Officer will be prescribed in regulations.

These Regulations, which come into operation on 1 January, 1991, prescribe the functions of the Chief Appeals Officer and set out the procedure to be followed on appeals.