Health (Repayment Scheme) Act 2006

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Appeals against certain decisions, etc.

16.— (1) An aggrieved person may—

(a) appeal against a decision under section 5 (2) or 6 (1)(c) by giving notice in writing to the scheme administrator not later than 28 days after notice of the decision was given under section 15 ,

(b) appeal against a decision under section 6 (1)(a) or (b) by rejecting the prescribed repayment concerned and giving notice in writing to the scheme administrator of the rejection not later than 28 days after notice of the decision was given under section 15 .

(2) An appeal under subsection (1) shall—

(a) be in the specified form, and

(b) state the reasons for the appeal.

(3) The Minister shall appoint in writing a person or more than one person—

(a) who is a barrister or solicitor of not less than 5 years’ standing,

(b) to consider appeals under subsection (1), and

(c) subject to subsections (10)(a) and (11), on such terms and conditions as are specified in the appointment.

(4) The scheme administrator and, if different, the Executive shall each provide a person appointed pursuant to subsection (3) to consider an appeal under subsection (1) with such assistance and information as the person may reasonably require of the scheme administrator or Executive, as the case may be, in order to assist the person to determine the appeal.

(5) A person appointed pursuant to subsection (3) to consider an appeal under subsection (1) shall—

(a) be independent in the performance of the person’s functions under this Act as a person so appointed,

(b) subject to paragraph (a), comply with guidelines prepared and issued by the Minister in respect of the procedure to be followed with respect to the consideration of any appeal under subsection (1),

(c) consider any written or oral submissions made by or on behalf of the appellant, the scheme administrator and, if different, the Executive, in respect of the appeal,

(d) make a decision in writing determining the appeal as soon as is practicable in all the circumstances of the case, and

(e) send a copy of the decision to the appellant and the scheme administrator and, if different, the Executive together with the person’s reasons for the decision.

(6) A person affected by a decision under subsection (5)(d) may appeal to the High Court—

(a) on a point of law from the decision, and

(b) not later than 28 days after the appellant received a copy of the decision and the reasons for the decision pursuant to subsection (5)(e).

(7) A decision of the High Court following an appeal under subsection (6) shall, where appropriate, specify the period within which effect shall be given to the decision.

(8) The decision of the High Court on an appeal under subsection (6) shall be final and conclusive.

(9) The scheme administrator shall—

(a) if applicable, give effect to a decision under subsection (5)(d) as soon as is practicable after the period referred to in subsection (6) has elapsed without any appeal under subsection (6) having been made in respect of the decision,

(b) if applicable, give effect to a decision of the High Court on an appeal under subsection (6)—

(i) within the period, if any, specified in the decision,

(ii) if subparagraph (i) is not applicable, as soon as is practicable.

(10) A person appointed pursuant to subsection (3)—

(a) shall be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, determines,

(b) may be provided with such staff, paid at such remuneration, as the Minister, with the consent of the Minister for Finance, determines as reasonably necessary to enable the person to perform the functions under this Act as a person so appointed, and

(c) may resign from the appointment by notice in writing given to the Minister.

(11) The Minister may revoke the appointment of a person appointed pursuant to subsection (3) for stated reasons.

(12) The Executive shall not pay a prescribed repayment required to be paid under this Act—

(a) until the period specified in subsection (1)(b) has expired without an appeal under that subsection having been made against the decision (“relevant decision”)under section 6 (1)(a) or (b) which gave rise to the repayment,

(b) if an appeal under subsection (1) against the relevant decision is made, until the scheme administrator is required to give effect to that decision referred to in subsection (9)(a) or (b) which relates to the appeal.

(13) A prescribed repayment shall be deemed to have been accepted for the purposes of this Act when it has been paid in accordance with subsection (12).

(14) Each person appointed under subsection (3) shall, at such intervals as are specified in writing by the Minister, submit a report in writing to the Minister in relation to the performance of the person’s functions under this Act as a person so appointed during the period to which the report relates.

(15) The Minister shall cause copies of a report submitted under subsection (14) to be laid before each House of the Oireachtas.

(16) In subsection (1), “ aggrieved person ”—

(a) in the case of any decision referred to in that subsection, means the applicant to whom the decision relates,

(b) in the case of a decision referred to in paragraph (b) of that subsection, includes the Executive if the Executive is not the scheme administrator.