Social Welfare Consolidation Act 2005
Appeals to Circuit Court.
[1997 s34; 1999 s29(1)]
307.—(1) Whenever a person has appealed a decision of a deciding officer F1661[(other than a decision of a deciding officer who is a bureau officer)] then, where the Chief Appeals Officer certifies that the ordinary appeals procedures set out in this Chapter are inadequate to secure the effective processing of that appeal, the Chief Appeals Officer shall cause a direction to be issued to the person who has submitted the appeal directing the person to submit the appeal not later than 21 days from receipt of the direction to the Circuit Court and the Circuit Court may, on hearing the appeal as it thinks proper, affirm the decision or substitute the decision of the deciding officer in accordance with this Act and on the same evidence as would otherwise be available to the Appeals Officer.
F1662[(1A) Whenever a person has, on or after the coming into operation of section 7 of the Social Welfare Act 2019, appealed a decision of a deciding officer who is a bureau officer, the Chief Appeals Officer shall cause a direction to be issued to the person who has submitted the appeal directing the person to submit the appeal not later than 21 days from receipt of the direction to the Circuit Court and the Circuit Court may, on hearing the appeal as it thinks proper, affirm the decision or substitute the decision of the deciding officer in accordance with this Act and on the same evidence as would otherwise be available to the Appeals Officer.
(1B) The jurisdiction conferred on the Circuit Court by subsection (1A) shall be exercised—
(a) where a person who appealed the decision concerned is not resident in the State, by the judge of the circuit where the decision was made, and
(b) in any other case, by the judge of the circuit in which the person who appealed the decision concerned resides or carries on any profession, business or occupation.]
[1997 s34]
(2) The appellant shall give notice of the appeal as submitted to the Circuit Court to the deciding officer.
[1997 s34]
(3) No appeal shall lie from a decision of the Circuit Court on an appeal under this section.
Annotations
Amendments:
F1661
Inserted (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 7(a), S.I. No. 550 of 2019.
F1662
Inserted (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 7(b), S.I. No. 550 of 2019.
