LD -v- Chief Appeals Officer & ors [2014] IEHC 641 (19 December 2014)

LD -v- Chief Appeals Officer & ors [2014] IEHC 641 (19 December 2014)

The appeals officer is functus officio after making a decision, except for the revision power under section 317, which allows for revision in light of new facts or evidence. There is no absolute entitlement to an oral hearing at the appeal stage; the appeals officer has discretion. Section 313 provides the power to hold an oral hearing as part of a revision under section 317. The applicant's request for an oral hearing post-decision was appropriately met by the offer of a hearing for the purpose of considering revision, and the judicial review reliefs are refused.

Citation
[2014] IEHC 641
Parties
Applicant: LD; Respondents: Chief Appeals Officer Social Welfare Appeals Office Minister for Social Protection
Jurisdiction
Ireland
Judgment Date
19 December 2014
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Reliefs refused; judicial review dismissed.
Legal Topics
Domiciliary Care Allowance, Oral Hearing Entitlement, Appeals Procedure, Revision of Decisions, Functus Officio Doctrine
Administrative Law Social Welfare Law Domiciliary Care Allowance Oral Hearing Entitlement Appeals Procedure Revision of Decisions Functus Officio Doctrine

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Parties

LD

Applicant

Chief Appeals Officer Social Welfare Appeals Office Minister for Social Protection

Respondents

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether an applicant is entitled to an oral hearing in a social welfare appeal where the appeal is determined summarily.
  2. 2 Whether an appeals officer is functus officio after making a decision, save for the revision power under section 317 of the Social Welfare (Consolidation) Act 2005.
  3. 3 Whether an oral hearing can be held as part of a revision under section 317 in the absence of new facts or evidence.

Ratio Decidendi

The appeals officer is functus officio after making a decision, except for the revision power under section 317, which allows for revision in light of new facts or evidence. There is no absolute entitlement to an oral hearing at the appeal stage; the appeals officer has discretion. Section 313 provides the power to hold an oral hearing as part of a revision under section 317. The applicant's request for an oral hearing post-decision was appropriately met by the offer of a hearing for the purpose of considering revision, and the judicial review reliefs are refused.

Court Disposition

Reliefs refused; judicial review dismissed.

Orders

  • Refusal of all reliefs sought by the applicant.