Student Support Act 2011

21.

Appeals to Appeals Board.

21.— (1) Where an applicant or student is aggrieved by a determination of an appeals officer under section 20(5) , he or she may appeal to the Appeals Board against that determination.

(2) An appeal shall be made not later than 30 days after the notification of the determination of the appeals officer to the applicant.

(3) The period mentioned in subsection (2) may be extended by the Appeals Board (at the request in writing of the applicant) for a further period not exceeding 30 days if the Appeals Board is satisfied that the person has given reasonable cause to so extend.

(4) The Appeals Board—

( a) shall be independent in the performance of its functions under this Act,

( b) shall not be confined to the grounds on which the determination of the awarding authority or appeals officer concerned 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) shall, as it considers appropriate, consider written or oral submissions made by the applicant or student concerned and consult with the awarding authority or appeals officer,

( d) shall make a determination within 60 days from the making of an appeal which may be a determination to—

(i) confirm the determination the subject of the appeal,

(ii) revoke the determination and replace it with such other determination as the Appeals Board considers appropriate, or

(iii) refer the matter concerned back to the awarding authority for reconsideration in accordance with such directions as the Appeals Board considers appropriate,

and

( e) shall notify in writing the applicant or student and the awarding authority and appeals officer concerned, of the determination and the reasons therefor.

(5) In considering and determining an appeal under this Act, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it with the consent of the Minister.

(6) A person (including an awarding authority) aggrieved by a determination of the Appeals Board, may appeal, with the leave of the Appeals Board, or where the Appeals Board refuses such leave, with the leave of the High Court, to the High Court against the determination on a specified point of law.

(7) The awarding authority shall comply with a direction given to it under subsection (4) .