S.I. No. 9/1953:

SOCIAL WELFARE (ASSISTANCE DECISIONS AND APPEALS) REGULATIONS, 1953.

SOCIAL WELFARE (ASSISTANCE DECISIONS AND APPEALS) REGULATIONS, 1953.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 , 84 , 101 and 121 of the Social Welfare Act, 1952 (No. 11 of 1952) and paragraph (k) of section 5 of the Social Welfare (Children's Allowances) Act, 1952 (No. 12 of 1952) and of all other powers enabling him in this behalf hereby makes the following Regulations :--

PART I. GENERAL.

1. These Regulations may be cited as the Social Welfare (Assistance Decisions and Appeals) Regulations, 1953.

2. These Regulations shall come into force on the 5th day of January, 1953.

3. (1) In these Regulations, unless the context otherwise requires--

" the Acts " means--

(i) the Old Age Pensions Acts, 1908 to 1952,

(ii) the Unemployment Assistance Acts, 1933 to 1952,

(iii) the Widows' and Orphans' Pensions Acts, 1935 to 1952, or

(iv) the Social Welfare (Children's Allowances) Acts, 1944 to 1952;

" appeals officer " means an appeals officer under article 8 of these Regulations ;

" assistance " means--

(i) a pension under the Old Age Pensions Acts, 1908 to 1952,

(ii) unemployment assistance under Part III of the Unemployment Assistance Act, 1933 (No. 46 of 1933),

(iii) a widow's (non-contributory) pension,

(iv) an orphan's (non-contributory) pension, or

(v) a children's allowance ;

' claim " means a claim for assistance or any right conferred by the Acts and the word claimant shall be construed accordingly ;

" deciding officer " means a deciding officer under article 6 of these Regulations ;

" hearing " means oral hearing ;

" local pension committee " means a local pension committee under section 7 of the Old Age Pensions Act, 1908 ;

" the Minister " means the Minister for Social Welfare.

(2) References in these Regulations to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment or regulations.

PART II. MODIFIED APPLICATION OF CERTAIN PROVISIONS OF OR MADE UNDER THE SOCIAL WELFARE ACT, 1952 .

4. (1) Sections 43 and 44 and subsections (3), (4), (5) and (6) of section 46 (in so far as those subsections relate to revision by an appeals officer) of the Social Welfare Act, 1952 , modified in the manner appearing in articles 8 to 10 in Part III of these Regulations, shall apply to pensions under the Old Age Pensions Acts, 1908 to 1952, in substitution for paragraphs (c) and (d) of subsection (1) of section 7, subsection (2) of section 7, in so far as it relates to the central pension authority, and subsection (3) of section 8 of the Old Age Pensions Act, 1908.

(2) Sections 41 to 44, section 46 and paragraph (b) of subsection (2) of section 48 of the Social Welfare Act, 1952 , modified in the manner appearing in Part III of these Regulations, shall apply to unemployment assistance, widows' and orphans' (non-contributory) pensions and children's allowances in substitution for each of the following groups of enactments :--

(a) sections 6 and 9 of the Unemployment Assistance Act, 1933 and sections 5 and 6 and subsection (2) of section 7 of the Unemployment Assistance Act, 1935 (No. 38 of 1935);

(b) sections 6 , 20 and 21 of the Unemployment Assistance Act, 1933 ;

(c) sections 23, 26, 46 and 49 to 52 and subsection (5) of section 57 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935) ;

(d) sections 4 , 7 , 8 , 9 and 10 of the Children's Allowances Act, 1944 (No. 2 of 1944).

5. The Social Welfare (Insurance Appeals) Regulations, 1952 ( S.I. No. 376 of 1952 ) modified in the manner appearing in Part IV of these Regulations, shall apply to pensions under the Old Age Pensions Acts, 1908 to 1952, unemployment assistance, widows' and orphans' (non-contributory) pensions and children's allowances.

PART III. PROVISIONS IN RELATION TO THE APPOINTMENT OF DECIDING OFFICERS AND APPEALS OFFICERS AND THE FUNCTIONS AND POWERS OF THESE OFFICERS.

6. (1) A person appointed as a deciding officer under section 41 of the Social Welfare Act, 1952 , shall also be a deciding officer for the purposes of the Acts.

(2) Every reference in the Acts to an unemployment assistance officer or a deciding officer shall be construed as a reference to a deciding officer under this article.

7. Subject to the provisions of the Acts and in accordance with any relevant regulations, every claim shall be made to the Minister and every question arising thereon or in relation thereto shall be decided by a deciding officer.

8. (1) A person appointed as an appeals officer, the person designated to be the Chief Appeals Officer and the person designated to act as the deputy for the Chief Appeals Officer under section 43 of the Social Welfare Act, 1952 , shall also be respectively an appeals officer, the Chief Appeals Officer and the deputy for the Chief Appeals Officer for the purposes of the Acts.

(2) Every reference in the Acts to--

(a) the central pension authority,

(b) a Court of Referees,

(c) an appeals officer,

(d) the Umpire,

(e) a referee

shall be construed as a reference to an appeals officer under this article.

9. (1) If any person is dissatisfied with the decision given by a deciding officer under article 7 of these Regulations or by a local pension committee, the question shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.

(2) A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him under article 7 of these Regulations to an appeals officer.

(3) If any person, including a pension officer, is aggrieved by the refusal or neglect of a local pension committee to consider a claim for a pension under the Old Age Pensions Acts, 1908 to 1952, or to determine any question referred to them, that person may submit the matter to the Minister, who may, if he considers that the local pension committee have refused or neglected to consider and determine the claim or question within a reasonable time, refer the claim or question to the Chief Appeals Officer to be determined in the same manner as on an appeal from the decision of the local pension committee.

(4) An appeals officer, when deciding a question referred under sub-article (1) of this article, shall not be confined to the grounds on which the decision of the deciding officer or the local pension committee was based, but may decide the question as if it were being decided for the first time.

(5) The decision of an appeals officer on any question which is referred to him under this article shall, subject to sub-articles (3) and (4) of article 10 of these Regulations, be final and conclusive.

(6) An appeals officer shall, on the hearing of any matter referred to him under this article, have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at, such hearing.

(7) An appeals officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this article or to produce any documents in his possession, custody or control which relate to any such matter.

(8) A notice under sub-article (7) of this article may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

(9) A person to whom a notice under sub-article (7) of this article has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence under this sub-article and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(10) An appeals officer may, in relation to any matter referred to him under this article, award to any person any costs or expenses (including expenses representing loss of remunerative time) which he considers reasonable, and the award shall be payable by the Minister.

(11) (a) The Minister may appoint any person whom he considers suitable to sit as an assessor with an appeals officer when any question which appears to the Minister to require the assistance of assessors is heard.

(b) The Minister may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in the prescribed manner from such panels to sit as aforesaid when any question which is of a class prescribed as being appropriate for the assistance of assessors is heard.

(c) Any matter referred to an appeals officer under this article and to be heard by the appeals officer sitting with any such assessor may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.

(12) The Minister may pay to assessors referred to in sub-article (11) of this article such amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Finance, determines.

10. (1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made with respect to the law or the facts, or if it appears to him that any relevant change of circumstances has occurred since the decision was given, and the provisions of these Regulations as to appeals shall apply to such revised decision in the same manner as they apply to an original decision.

(2) The provisions of sub-article (1) of this article shall not apply to a decision relating to a matter which is on appeal or reference under article 9 of these Regulations unless the revised decision would be in favour of a claimant for assistance.

(3) An appeals officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him that there has been any relevant change of circumstances since the decision was given.

(4) The Chief Appeals Officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made with respect to the law or the facts.

(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows :--

(a) where, by virtue of the revised decision, assistance will be disallowed or reduced or a qualification certificate under the Unemployment Assistance Acts, 1933 to 1952, is revoked and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be) continue to apply to any period covered by such original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate.

(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be), but any payment of assistance already made at the date of the revision shall not be affected, though it may be treated as paid on account of other assistance or on account of benefit within the meaning of the Social Welfare Act, 1952 , where it is decided that such other assistance or benefit was properly payable.

(6) A reference in this article to revision includes a reference to revision consisting of a reversal.

PART IV. PROCEDURE ON APPEALS.

11. (1) Any person (hereinafter called the appellant) who is dissatisfied with a decision of a deciding officer or a local pension committee and desires to appeal against such decision, shall give notice in that behalf, in writing, to the Minister.

(2) The time within which an appeal may be made shall be any time up to the expiration of twenty one days from the date of notification of the decision to the claimant but notice of appeal given after the end of that period, may, with the consent of the Minister, be accepted.

(3) Any person desiring to withdraw an appeal may do so by sending to the Minister a notice of withdrawal.

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

(2) The appellant shall send to the Minister along with the notice such documentary evidence as the appellant desires to adduce in support of his appeal, and the notice shall contain a list of any such documents.

13. The Minister shall, as soon as may be, cause to be furnished to the Chief Appeals Officer the notice of appeal, together with a statement from or on behalf of the deciding officer or the local pension committee and from any other person concerned showing to what extent are admitted or disputed the facts and contentions advanced by the appellant.

14. The appeals officer to whom an appeal is referred may at any time require the appellant or the deciding officer or the local pension committee or any other person 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 statement or particulars upon such terms as he may think just.

15. If the appeals officer is of opinion that the case is of such a nature that it can properly be determined without a hearing, he may dispense with a hearing and may determine the appeal summarily.

16. If, 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.

17. (1) Assessors shall sit with the appeals officer when any question relating to unemployment assistance, other than a question relating to a qualification certificate, is heard.

(2) Whenever a panel of persons to sit as assessors with appeals officers at the hearing of appeals is constituted by the Minister, 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 sittings 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 heard.

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

(2) The deciding officer may appear at the hearing in person or he may be represented by another officer of the Minister.

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

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

(5) The appeals officer may, if he thinks fit, 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 just and proper so to do.

19. (1) If after notice of a hearing has been duly given either 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 just.

(2) The appeals officer may consider and decide any question duly referred to him for consideration and determination, notwithstanding the failure or neglect of any person to comply with any requirement of these Regulations.

20. The procedure at the hearing shall be such as the appeals officer may determine.

21. The appellant and the deciding officer shall not, without the leave of the appeals officer, be entitled to rely upon any facts or contentions other than those set out in the notice of appeal and in the statements required to be supplied under articles 12, 13 and 14 of these Regulations respectively.

22. (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 Minister.

(2) The Minister shall, as soon as may be, after the receipt of the decision of the appeals officer, cause a memorandum thereof to be sent to the appellant.

23. 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.

24. (1) A reference by a deciding officer to an appeals officer under sub-article (2) of article 9 of these Regulations shall be in the form set out in the Schedule to these Regulations.

(2) Where such reference is made the procedure for dealing with it shall, with the necessary modifications, be the same as if the reference were an appeal made under sub-article (1) of article 9 of these Regulations.

PART V. QUESTIONS PENDING ON THE 5TH DAY OF JANUARY, 1953.

25. (1) Every appeal falling to be dealt with under paragraph (c) and every claim and question falling to be dealt with under paragraph (d) of subsection (1) of section 7 of the Old Age Pensions Act, 1908, which is pending on the 5th day of January, 1953 and every such appeal, claim and question arising on or after that day, shall be treated as if it were an appeal, claim or question falling to be dealt with under article 9 or 10 of these Regulations.

(2) Every claim, question and appeal falling to be dealt with under any of the groups of enactments specified in sub-article (2) of article 4 of these Regulations which is pending on the 5th day of January, 1953 and every such claim, question and appeal arising on or after that day shall, as the case may require, be treated as if it were a claim, question or appeal falling to be dealt with under article 7, 9 or 10 of these Regulations.

GIVEN under the Official Seal of the Minister for Social Welfare this 2nd day of January, One Thousand Nine Hundred and Fifty-three.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.

SCHEDULE.

To the Minister for Social Welfare

In accordance with the provisions of sub-article (2) of article 9 of the Social Welfare (Assistance Decisions and Appeals) Regulations, 1953, I hereby refer the following question for decision by an appeals officer.

Question.

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Deciding Officer............................................................ ........

Date ..........................................