Smith -v- Chief Appeals Officer & Ors [2014] IEHC 633 (19 December 2014)

Smith -v- Chief Appeals Officer & Ors [2014] IEHC 633 (19 December 2014)

Section 318 provides jurisdiction for the Chief Appeals Officer to revise the summary decision and direct an oral hearing where a mistake is identified; the applicant is not entitled to judicial review reliefs as an oral hearing is being offered for the purpose of revision.

Citation
[2014] IEHC 633
Parties
Applicant: Aidan Smith; Respondents: Chief Appeals Officer Social Welfare Appeals Office Minister for Social Protection
Jurisdiction
Ireland
Judgment Date
19 December 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review reliefs refused.
Legal Topics
Right to Oral Hearing, Revision of Appeals Decisions, Fair Procedures, Natural Justice
Administrative Law Social Welfare Law Right to Oral Hearing Revision of Appeals Decisions Fair Procedures Natural Justice

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Parties

Aidan Smith

Applicant

Chief Appeals Officer Social Welfare Appeals Office Minister for Social Protection

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to an oral hearing in his appeal for Invalidity Pension
  2. 2 Whether the Chief Appeals Officer has power to revise an appeals officer's summary decision and direct an oral hearing under s.318 of the Social Welfare Consolidation Act 2005

Ratio Decidendi

Section 318 provides jurisdiction for the Chief Appeals Officer to revise the summary decision and direct an oral hearing where a mistake is identified; the applicant is not entitled to judicial review reliefs as an oral hearing is being offered for the purpose of revision.

Court Disposition

Application for judicial review reliefs refused.

Orders

  • No order quashing the appeal decision.
  • No declarations granted as sought in Statement of Grounds.