Childcare Support Act 2018
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Appeals | ||
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20. (1) A person (“the appellant”) aggrieved by a decision of the scheme administrator under section 17 may appeal against the decision by giving the scheme administrator a notice in the specified form stating the reasons for the appeal. | ||
(2) (a) The scheme administrator, with the consent of the Minister, shall appoint a panel of suitable persons to consider appeals received under subsection (1). | ||
(b) Where the scheme administrator receives an appeal under subsection (1), it shall appoint a suitable person from the panel referred to in paragraph (a) to consider the appeal. | ||
(3) The person appointed pursuant to subsection (2) 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) not be confined to the grounds on which the decision of the scheme administrator was based, but may decide the matter which is the subject of the appeal as if it were being decided for the first time, | ||
(c) consider any written objections made by the appellant in support of the appeal, | ||
(d) make a decision (“relevant decision”) in writing or by electronic means determining the appeal, which may be a decision to— | ||
(i) confirm the decision the subject of the appeal, | ||
(ii) revoke that decision and replace it with such other decision as the person thinks appropriate, or | ||
(iii) refer the matter concerned back to the scheme administrator for reconsideration in accordance with such directions as the person thinks appropriate, | ||
(e) send a copy of the relevant decision to the appellant and the scheme administrator together with the person’s reasons for the relevant decision, and | ||
(f) give the scheme administrator such directions as the person thinks appropriate. | ||
(4) A person (including the scheme administrator) aggrieved by the relevant decision may appeal to the High Court against the decision on a point of law. | ||
(5) The scheme administrator shall, on complying with any direction given under subsection (3)(d)(iii) or (f), give notice in writing or by electronic means to the appellant concerned of the scheme administrator’s compliance with the direction. | ||
(6) The Minister may prescribe procedures to be observed in respect of the making and determination of appeals under this section including procedures relating to time limits for the making and determination of appeals and any ancillary, supplemental or consequential matters as may be necessary to give full effect to this section and a person appointed to consider an appeal under this section shall comply with those procedures. |