Social Welfare Consolidation Act 2005

328

F1685[Certificate by deciding officer, appeals officer or designated person.

328.A document purporting to be

(a) a certificate of a decision made under this Act by a deciding officer or an appeals officer, or

(b) a certificate of a determination made under this Act by a designated person,

and to be signed by him or her, is prima facie evidence of the making of the decision or determination, as the case may be, and of the terms of that decision or determination, without proof of the signature of the officer or person concerned or of his or her official capacity.]

Annotations

Amendments:

F1685

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.

Modifications (not altering text):

C149

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. 328 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 272.}

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 272

272. A document purporting to be a certificate of a decision by a deciding officer or an appeals officer and to be signed by him shall be prima facie evidence of the making of that decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.

...

...

Editorial Notes:

E1988

Previous affecting provision: section substituted by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.

E1989

Previous affecting provision: section substituted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 37 and sch. 7, commenced on enactment; substituted (1.10.2011) as per F-Note above.