Residential Institutions Statutory Fund Act 2012

20.

Applications to Board and associated matters.

20.— (1) On application to it in that behalf the Board shall satisfy itself whether the person making the application is a former resident and may—

( a) make an arrangement with a person, whether or not the person is resident in the State, for the provision of an approved service to support the needs of a former resident, or

( b) pay a grant to a former resident to assist the former resident to avail of an approved service.

(2) An arrangement made or a grant paid under subsection (1) shall be in respect of such an approved service, of such extent, paid at such time and subject to such a condition as the Board may decide.

(3) The procedures, including procedures where section 9(4) applies, to be followed by the Board with respect to—

( a) the making of an application to it, including where the Board considers it appropriate, an application in electronic form,

( b) the consideration by the Board of an application, and

( c) the making of a communication by the Board to an applicant for the purposes of an application or any matter consequent upon it,

shall be determined by the Board and be made available in writing free of charge by the Board to any person on request therefor and shall be published by the Board in such manner, including by electronic means, as it sees fit.

(4) Without limiting the generality of subsection (3)(b), procedures under that subsection may include provision for—

( a) the making of a request by the Board of the applicant to—

(i) furnish to it such information or documents as the Board may determine, or

(ii) authorise the Board to liaise with a public authority,

for the purpose of the Board considering the application concerned, and

( b) enabling the Board to refuse to further consider the application if the request under paragraph (a) is not complied with and the Board may so request or refuse to further consider the application in accordance with the procedures.

(5) The Board shall not make an arrangement or pay a grant under this section unless the Board is satisfied that—

( a) the application by the former resident satisfies the criteria determined by the Board under section 9 , and

( b) the application is made in accordance with procedures determined by the Board.

(6) A grant paid to a former resident shall be used solely for defrayal of or contribution to defrayal of the cost to the former resident of availing of the approved service specified by the Board in its decision under this section, unless the Board on application to it in that behalf by the former resident concerned, decides to authorise the use of the grant or a part of it for defrayal of or contribution to defrayal of the cost to the former resident of availing of another approved service specified by the Board.

(7) A decision of the Board under this section shall be made by the chief executive or a member of staff of the Board to whom the chief executive delegates the function, either of whom shall in relation to the decision, be called the “decision maker”.

(8) As soon as practicable after the decision maker makes a decision under this section the Board shall give notice in writing of the decision and the reasons therefor, together with, where the Board considers it appropriate, information regarding the making of an appeal under section 22 to—

( a) the former resident concerned, or

( b) if appropriate, a person referred to in section 22(1)(a) .