Social Welfare (Appeals) (Amendment) Regulations 2011

• Jurisdiction: Ireland
• Citation: IR SI 505/2011
• Year: 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th October, 2011.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 , 310 , 311 and 330 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), and by section 257, as applied and modified by the Social Welfare (Rent Allowance) Regulations 1998 ( S.I. No. 188 of 1998 ), of the Social Welfare (Consolidation) Act 1993 (No. 27 of 1993), hereby make the following Regulations:

Short title, collective citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Appeals) (Amendment) Regulations 2011.

(2) The Principal Regulations and these Regulations shall be construed together as one and may be cited together as the Social Welfare (Appeals) Regulations 1998 and 2011.

Definition.

2. In these Regulations “Principal Regulations” means the Social Welfare (Appeals) Regulations 1998 ( S.I. No. 108 of 1998 ).

Commencement.

3. These Regulations come into operation on 1 October 2011.

Part I of Principal Regulations — amendments.

4. Article 3 of the Principal Regulations is amended—

(a) by deleting the definition of “designated officer”, and

(b) by inserting the following new definition before the definition of “hearing”:

“‘designated person’ has the meaning assigned to it in section 2(1);”.

Submission of appeal and information to be supplied by appellant.

5. Part III of the Principal Regulations is amended—

(a) by substituting the following articles for article 9 and 10:

“Submission of appeal and information to be supplied by appellant.

9. (1) Any person (in these Regulations referred to as the appellant) who is dissatisfied with the decision of a deciding officer or the determination of a designated person and who wishes to appeal against such decision or determination, as the case may be, shall give notice in that behalf, in writing, to the Chief Appeals Officer.

(2) The time within which an appeal may be made shall be any time up to the expiration of 21 days from the date of the notification of the decision of a deciding officer or determination of a designated person, as the case may be, to the appellant.

(3) Notwithstanding sub-article (2), notice of an appeal given after the expiration of 21 days from the date of the notification of the decision of a deciding officer or determination of a designated person to the appellant may, with the approval of...