Student Support Act 2011

Appeals to appeals officers.

20.— (1) An awarding authority shall designate such and so many members of the staff of the authority as it considers appropriate to be appeals officers under this section and a person so designated shall be an appeals officer for such period as the authority may determine.

(2) Where an applicant is aggrieved by a determination of an awarding authority under section 18 (6), then the applicant, not later than 30 days after receipt of the notice of the determination, may appeal to the appeals officer against that determination.

(3) Where a student is aggrieved by a notice under section 19 (3) from an awarding authority requiring information, or a determination under section 19 (6) of an awarding authority then the student, not later than 30 days after receipt of the notice of the determination, may appeal to the appeals officer against that notice or determination.

(4) The period referred to in subsection (2) or (3) may be extended by the appeals officer (at the request in writing of the applicant or student, as the case may be) for a further period not exceeding 30 days if the appeals officer is satisfied that the person has given reasonable cause to so extend.

(5) The appeals officer shall determine an appeal under this section within 30 days from the making thereof and such determination may be one either to affirm, vary or set aside the determination or request, as the case may be, of the awarding authority concerned and, as appropriate, give a direction to the awarding authority to comply with his or her determination.

(6) The appeals officer shall notify in writing the applicant or student, as the case may be, and the awarding authority of the determination and the reasons therefor.

(7) When giving notice to an applicant or student under subsection (6) the appeals officer shall inform him or her of his or her right to appeal the determination to the Appeals Board and that, where applicable, only payments pursuant to a determination under subsection (5) may be made by the awarding authority concerned to the applicant or student pending the outcome of his or her appeal to the Appeals Board.

(8) The awarding authority shall comply with a direction given to it under subsection (5).

(9) The appeals officer, in determining an appeal under this section, shall do so in accordance with procedures that may have been prescribed by the Minister for that purpose pursuant to subsection (10).

(10) The Minister may prescribe procedures in respect of the determination of an appeal by an appeals officer pursuant to this section and may provide for such matters as—

(a) information to be furnished to the officer and by what parties, and

(b) ensuring that the determination is made with a minimum of formality consistent with giving a fair hearing to the person making the appeal.