Social Welfare Consolidation Act 2005
Award of expenses.
[1993 s261(1); 1996 s34]
316.—(1) In relation to any matter referred to an appeals officer under this Part the following apply:
(a) subject to paragraph (b), an award shall not be made in respect of any costs (whether in respect of the representation of the appellant or otherwise in relation to the matter) incurred by a person;
(b) an appeals officer may make an award to a person appearing before the officer towards the person’s expenses, which shall be payable by the Minister.
[1996 s34]
(2) In subsection (1)(b), “expenses” means—
(a) expenses necessarily incurred by the appellant or a witness in respect of his or her travel and subsistence or loss of remuneration, and
(b) in the case of a person appearing before an appeals officer in a representative capacity, an amount only in respect of that person’s actual attendance.
[1993 s261(2)]
(3) The Minister may pay to assessors referred to in section 309 the amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Finance, determines.
Annotations
Modifications (not altering text):
C142
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
... No. 26 of 2005 ... |
... Social Welfare Consolidation Act 2005 ... |
... Sections 5, 7, 11(2) and (4), 94, 95(2), 138(3), 280(2), 282(4), 288, 316(3), 333 and 341(5) ... |
C143
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. 316 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 261.}
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 261 |
261. (1) (a) In relation to any matter referred to an appeals officer under this Part the following provisions shall apply: (i) subject to subparagraph (ii), an award shall not be made in respect of any costs (whether in respect of the appellant or otherwise in relation to such matter) incurred by a person, (ii) an appeals officer may make award to a person appearing before the officer towards the person's expenses, which shall be payable by the Minister. (b) In paragraph (a)(ii), "expenses" means— (i) expenses necessarily incurred by the appellant or a witness in respect of his or her travel and subsistence or loss of remuneration, and (ii) in the case of a person appearing before an appeals officer in a representative capacity, an amount only in respect of the person's actual attendance. |
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... |
... |