Childcare Support Act 2018

17

Reviews

17. (1) The scheme administrator may arrange for a review to be carried out in relation to one or more of the matters specified in subsection (2) either—

(a) of its own initiative,

(b) at the request of an applicant or a person in receipt of financial support under section 14, or

(c) at the request of an approved childcare services provider.

(2) In carrying out a review under subsection (1) the scheme administrator may examine any or all of the following:

(a) the eligibility of a person to make an application under section 7;

(b) the eligibility of an applicant to continue to receive financial support under section 15;

(c) the amount of the financial support specified in a determination under section 12;

(d) information provided during the application process;

(e) the number of hours of childcare services provided in any week by the childcare services provider for a child in relation to whom financial support is paid;

(f) the amount of financial support paid each week;

(g) the amount charged by the childcare services provider to the parent of a child in respect of whom financial support is paid;

(h) the period of validity of a determination under section 12.

(3) In carrying out a review referred to in subsection (1), the scheme administrator may require an applicant or a person in receipt of financial support under section 14 or a childcare services provider to provide documentation in relation to any matter that may be relevant to a decision by the scheme administrator in relation to the matter under review.

(4) Where the scheme administrator, having carried out a review under subsection (1), is satisfied that a determination previously made by the scheme administrator in relation to the matter under review should be altered, it may decide that the determination be altered accordingly.

(5) An alteration referred to in subsection (4) shall, subject to subsection (6), and unless the scheme administrator otherwise decides (in particular in any case where there has been a contravention of any requirement of this Act relevant to the matter the subject of the review), have effect from the date the decision is made under subsection (4).

(6) Where a decision under subsection (4) results in the amount the applicant is qualified to receive under section 12 being reduced, the scheme administrator shall not implement that decision before the expiration of 20 working days after the date on which it has given notice of the decision under subsection (7).

(7) Where the scheme administrator makes a decision under subsection (4), it shall, not later than 10 working days after the date of the decision, give notice of that decision in writing or by electronic means to the person who requested the review, stating the reasons for the decision.

(8) The Minister may prescribe procedures to be observed in respect of the conduct of reviews under this section including procedures relating to time limits for the making and determination of reviews and any ancillary, supplemental or consequential matters as may be necessary to give full effect to this section and the scheme administrator shall comply with those procedures.

Annotations

Editorial Notes:

E13

Power pursuant to section exercised (2.09.2019) by Childcare Support Act 2018 (Reviews) Regulations 2019 (S.I. No. 370 of 2019), in effect as per reg. 1(2).