Social Welfare (Miscellaneous Provisions) Act 2010

16.

Appeals to High Court — amendment.

16.— (1) Section 327 of the Principal Act is amended by deleting “on any question, other than a question to which section 320 applies,”.

(2) The Principal Act is amended by inserting the following section after section 327:

“Appeal to High Court by Minister.

327A.— (1) Where pursuant to section 318 the Chief Appeals Officer—

( a) revises a decision of an appeals officer, the Minister may appeal that revised decision to the High Court on any question of law, or

( b) does not revise a decision of an appeals officer, the Minister may appeal the decision of the Chief Appeals Officer not to revise the first-mentioneddecision to the High Court on any question of law.

(2) An appeal by the Minister under subsection (1) shall not operate as a stay on the payment of benefit or assistance to a person pursuant to adecision of an appeals officer or, as the case may be, the Chief Appeals Officer, until that appeal is determined.”.