S.I. No. 107/1998 - Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Determinations and Appeals) Regulations, 1998.

S.I. No. 107 of 1998.

SOCIAL WELFARE (CONSOLIDATED SUPPLEMENTARY WELFARE ALLOWANCE) (AMENDMENT) (DETERMINATIONS AND APPEALS) REGULATIONS, 1998.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4, 188 and 273A (inserted by section 31 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1 Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (Determinations and Appeals) Regulations, 1998.

(2) These Regulations and the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 1997 shall be construed together as one and may be cited as the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 to 1998.

2 Commencement.

2. These Regulations shall come into operation on the 6th day of April, 1998.

3 Appeals.

3. The Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations, 1995 ( S.I. No. 382 of 1995 ) are hereby amended by the insertion after Part VI of the following Part:

"PART VII

Determinations and Appeals

Determination by officer of health board.

35. (1) A determination by any officer of a health board for the purposes of determining a claim to supplementary welfare allowance shall be in writing and signed by the said officer.

(2) Where any determination made by an officer of the health board is not in favour of the person the said officer shall attach to the determination a note of the reasons for the said determination.

(3) The health board shall, as soon as may be after the making of the determination, cause a memorandum of—

(a) the determination, and

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

to be issued to the person.

Submission of appeal and information to be supplied by appellant.

36. (1) Any person (in this and the following articles referred to as the appellant) who is dissatisfied with the determination by an officer of the health board of a claim by him or her for supplementary welfare allowance and wishes to appeal against such determination shall give notice in that behalf, in writing, to an officer of the health board (in this Part referred to as the designated officer) appointed or designated by the Minister under section 267 of the Principal Act to determine such appeal.

(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 determination to the appellant:

Provided that notice of appeal given after the end of that period may, with the approval of the designated 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 designated officer along with the notice of appeal such documentary evidence as the appellant wishes to submit in support of his or her 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 a written notice to that effect to the designated officer.

Notification of appeal and information to be supplied.

37. The designated officer shall cause notice of the appeal to be sent to the health board which shall, as soon as may be, furnish to the designated officer—

(a) a statement from the officer of the health board who made the determination which is the subject of the appeal, or on his or her behalf, showing the extent to which the facts and contentions advanced by the appellant in relation to his or her appeal are admitted or disputed, and

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

Further information to be supplied and amendment of pleadings.

38. The designated officer may at any time—

(a) require the appellant or an officer of the health board to furnish to him or her in writing, further particulars regarding the appeal,

(b) allow the amendment of any notice of appeal, statement or particulars at any stage of the proceedings, and

(c) fix the time for furnishing any such statement or particulars upon such terms as he or she may think fit.

Determination of designated officer.

39. (1) The determination of the designated officer shall be in writing and shall be sent to the health board as soon as may be.

(2) In any case where the determination of the designated officer is not in favour of the appellant, he or she shall attach to his or her determination a note of the reasons for the said determination.

(3) The health board shall, as soon as may be after the receipt of the determination of the designated officer, cause a memorandum of—

(a) the determination, and

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

to be issued to the appellant.".

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 3rd day of April, 1998.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

EXPLANATORY NOTE.

These Regulations provide that determinations of Supplementary Welfare Allowance claims for basic payments and supplements shall be set out in writing and a copy of the determination given to the claimant. In cases, where the determination is not in favour of the claimant the reason for the determination must also be issued.

The Regulations also provide for the procedures to be followed by the Health Board on an appeal of any such determination.