Social Welfare Consolidation Act 2005
Appeals and references to appeals officers.
[1993 s257(1)]
311.—(1) F1663[Subject to subsection (4), where any person] is dissatisfied with the decision given by a deciding officer F1664[or the determination of a designated person in relation to a claim under section 196, 197 or 198], the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.
[1993 s257(2)]
(2) Regulations may provide for the procedure to be followed on appeals and references under this Part.
[1993 s257(3); 2005 (SW&P) s23 & Sch 1]
F1665[(3) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer or the determination of the designated person, as the case requires, was based, but may decide the question as if it were being decided for the first time.]
F1666[(4) No appeal may be made under subsection (1) by any person against the decision given by a deciding officer on a question under paragraph (hh) of section 300(2) until the recoverable benefits specified in the relevant statement of recoverable benefits, within the meaning of Part 11B, have been paid to the Minister in accordance with section 343R.]
Annotations
Amendments:
F1663
Substituted (1.08.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 13(c)(i), S.I. No. 308 of 2014.
F1664
Inserted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.
F1665
Substituted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.
F1666
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 12(1)(b), commenced on enactment.
Modifications (not altering text):
C139
Application of section extended and modified (4.06.1998) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 20 and sch. A, in effect as per art. 2, continued in force by s. 362(2). {Note for the purposes of Interpretation Act 2005 (23/2005), s. 26(2) the provisions of Social Welfare Consolidation Act 2005 (26/2005), s. 311 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 257.}
Application of the Act of 1993
20. The provisions of the enactments mentioned in column (1) of Schedule A hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.
Schedule A
Article 19
|
Section of Act of 1993 to be applied |
Modification |
|
(1) |
(2) |
|
... |
... |
|
Section 257 |
257. (1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeals being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer. (2) Regulations may provide for the procedure to be followed on appeals and references under this section. (3) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time. |
|
... |
... |
Editorial Notes:
E1969
Power pursuant to subs. (1) exercised (28.04.2025) by Social Welfare (Appeals) Regulations 2024 (S.I. No. 744 of 2024), art. 7(2) and (3), in effect as per art. 1(2).
E1970
Power pursuant to subs. (2) exercised (28.04.2025) by Social Welfare (Appeals) Regulations 2024 (S.I. No. 744 of 2024), arts. 7(1), 7(4)-(6) and 8 to 21, in effect as per art. 1(2).
E1971
Previous affecting provision: subs. (4) inserted (1.08.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 13(c)(ii), S.I. No. 308 of 2014; substituted (6.05.2015) as per F-Note above.
E1972
Previous affecting provision: power pursuant to subs. (1) exercised (1.10.2011) by Social Welfare (Appeals) (Amendment) Regulations 2011 (S.I. No. 505 of 2011), art. 5(a)—which substituted Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998), art. 9(2)—in effect as per art. 3; revoked (28.04.2025) by Social Welfare (Appeals) Regulations 2024 (S.I. No. 744 of 2024), art. 4, in effect as per art. 1(2).
E1973
Previous affecting provision: power pursuant to subs. (2) exercised (1.10.2011) by Social Welfare (Appeals) (Amendment) Regulations 2011 (S.I. No. 505 of 2011), art. 5—which substituted Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998), arts. 9(1), 9(3), 9(4), 9(5), 14, 15(3) and 19(3), inserted art. 9(6) and amended art. 12—in effect as per art. 3; revoked (28.04.2025) by Social Welfare (Appeals) Regulations 2024 (S.I. No. 744 of 2024), art. 4, in effect as per art. 1(2).
E1974
Previous affecting provision: subs. (1) and (3) amended by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.
E1975
Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (6.04.1998) by Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998), art. 9(2), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.10.2011) as per E-Note above.
E1976
Previous affecting provision: power pursuant to statutory precursor of subs. (2) exercised (6.04.1998) by Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998), art. 9(1), arts. 9(3) to 9(5) and arts. 10, 14, 15(3), and 19(3), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (1.10.2011) as per E-Note above.
E1977
Previous affecting provision: power pursuant to statutory precursor of subs. (2) exercised (6.04.1998) by Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998), arts. 11, 12, 13, 15(1), 15(2), 15(4), 16, 17, 18, 19(1), 19(2) and 20, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (28.04.2025) by Social Welfare (Appeals) Regulations 2024 (S.I. No. 744 of 2024), art. 4, in effect as per art. 1(2).