S.I. No. 376/1952:

SOCIAL WELFARE (INSURANCE APPEALS) REGULATIONS, 1952.

SOCIAL WELFARE (INSURANCE APPEALS) REGULATIONS, 1952.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 and 44 of the Social Welfare Act, 1952 (No. 11 of 1952) and of all other powers enabling him in this behalf hereby makes the following Regulations :--

1. These Regulations may be cited as the Social Welfare (Insurance Appeals) Regulations, 1952.

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

3. In these Regulations unless the context otherwise requires--

" the Act " means the Social Welfare Act, 1952 ;

" hearing " means oral hearing;

" the Minister " means the Minister for Social Welfare.

4. (1) Any person (hereinafter called the appellant) who is dissatisfied with a decision of a deciding officer 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 21 days from the date of notification of the decision to the appellant : Provided that 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.

5. (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.

6. 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 the deciding officer or on his behalf showing to what extent are admitted or disputed the facts and contentions advanced by the appellant. Notice that the appeal is pending shall be given to any other person appearing to be concerned.

7. The appeals officer to whom an appeal is referred may at any time require the appellant or the deciding officer 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.

8. 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.

9. 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 and any other person appearing to be concerned in the appeal.

10. (1) Assessors shall sit with the appeals officer when any question relating to unemployment benefit 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.

11. (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 is concerned in the appeal or 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.

12. (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.

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

14. 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 6 and 7 of these Regulations respectively.

15. (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 and to any other person concerned.

16. 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.

17. (1) A reference by a deciding officer to an appeals officer under subsection (2) of section 44 of the Act 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 modificatons, be the same as if the reference were an appeal made under subsection (1) of section 44 of the Act.

GIVEN under the Official Seal of the Minister for Social Welfare this 23rd day of December, One Thousand Nine Hundred and Fifty-two.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.

SCHEDULE.

To the Minister for Social Welfare

In accordance with the provisions of subsection (2) of section 44 of the Social Welfare Act, 1952 , I hereby refer the following question for decision by an appeals officer.

Question

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Deciding Officer.

Date __________________