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26 2005

Social Welfare Consolidation Act 2005

Chapter 4

General Provisions Relating to Decisions and Appeals

Appeals — oral hearings.

[1993 s270]

326. —Notwithstanding section 311 (2), where the Minister or a person designated by the Minister considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him or her may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.

Appeals to High Court.

[1993 s271]

327. —Any person who is dissatisfied with—

(a) the decision of an appeals officer, or

(b) the revised decision of the Chief Appeals Officer,

on any question, other than a question to which section 320 applies, may appeal that decision or revised decision, as the case may be, to the High Court on any question of law.

Certificate by deciding officer or appeals officer.

[1993 s272]

328. —A document purporting to be a certificate of a decision made under this Act by a deciding officer or an appeals officer and to be signed by him or her shall be prima facie evidence of the making of the decision and of the terms of that decision, without proof of the signature of the officer or of his or her official capacity.

Revision to include revision consisting of reversal.

[1993 s273; 2005 (SW&P) s23 & Sch 1]

329. —A reference in this Part to a revised decision given by a deciding officer or an appeals officer or a revised determination given by an employee of the Executive includes a reference to a revised decision or determination which reverses the original decision or determination.

Regulations.

[1996 s31; 2005 (SW&P) s23 & Sch 1]

330. —The Minister may make regulations specifying the procedures to be followed by—

(a) a deciding officer, when deciding questions under sections 300 and 301,

(b) an appeals officer, when deciding questions under sections 303, 311 and 312, and

(c) an employee of the Executive in making determinations in relation to supplementary welfare allowance including determinations under section 323 .