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5 1990

SOCIAL WELFARE ACT, 1990

PART V

Appeals

Amendment of section 298 of Principal Act (appeals).

19. — Section 298 of the Principal Act is hereby amended by—

(a) the substitution for subsection (1) (as amended by section 28 of the Social Welfare Act, 1984 ) of the following subsection:

“(1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.”,

(b) the insertion after subsection (4) of the following subsection:

“(4A) Notwithstanding subsection (4), where the Minister or a person designated by him considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.”,

(c) the substitution in subsection (9) for “at which he ordinarily resides” of “at which he ordinarily resides or at his place of business”,

(d) the substitution in subsection (10) of “£1,000” for “£500” (inserted by section 22 of the Act of 1988),

(e) the substitution in paragraphs (a) and (b) of subsection (12) for “Minister” of “Chief Appeals Officer” in each place in which it occurs,

(f) the insertion after subsection (13) of the following subsection:

“(14) Where a person required to attend to give evidence or to produce documents under subsection (8) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required.”.

Amendment of section 299 of Principal Act.

20. — The Principal Act is hereby amended by—

(a) the substitution for paragraph (a) of section 299 of the following paragraph:

“(a) the Chief Appeals Officer may, where he considers it appropriate, refer the question for the decision of the High Court, and”, and

(b) the insertion after section 299 of the following sections:

“Other functions of Chief Appeals Officer may be prescribed.

299A.— (1) The Chief Appeals Officer shall have such other functions in relation to appeals under this Part as may be prescribed.

(2) In this section “functions” includes powers, duties and obligations.

Annual reports by Chief Appeals Officer.

299B.— (1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Chief Appeals Officer shall make a report to the Minister of his activities and the activities of the appeals officers under this Part during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.

(3) The Chief Appeals Officer shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning his activities or the activities of appeals officers under this Part.”.

Repeal.

21. — Subsection (3) of section 297 of the Principal Act is hereby repealed.

Commencement of Part V .

22. — This Part shall come into operation on such day as the Minister may appoint by order.