fice
the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts
the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses
the Oireachtas) Iris Oifigiúil /
ficial Gazette Revised Acts (LRC) Classified List
Legislation (LRC) Translations (acts.ie) Translations (Houses
the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
the powers conferred on him by subsection
section 20
the Social Welfare Act, 1950 , and
every other power him in this behalf enabling hereby orders as follows :— PART I. GENERAL. 1 Short title.
ficer. " appeals
ficer " means an appeals
ficer appointed under Article 7
this Order and includes two or more appeals
ficers acting together ; Award. " award " means an award or decision
an insurance
ficer ; Claim. " claim " means a claim for benefit or any other right conferred by the Acts which before the 1st day
August, 1950, could have given rise to a dispute within the meaning
section 67
the National Insurance Act, 1911, or subsection
section 27
the National Insurance Act, 1913, and the word " claimant " shall be construed accordingly ; Hearing. " hearing " means oral hearing; Insurance
ficer. " insurance
ficer " means an insurance
ficer appointed under Article 8
this Order ; Minister. " the Minister " means the Minister for Social Welfare. 3 Commencement
Order. 3. This Order shall come into operation on the 1st day
August, 1950. PART II. MODIFIED APPLICATION TO NATIONAL HEALTH INSURANCE
CERTAIN PROVISIONS
OR MADE UNDER THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 TO 1948. 4 Application and modification
enactments. 4. Sections 46 , 49 , 50 , 51 and 52
the Widows' and Orphans' Pensions Act, 1935 (No. 29
1935) modified in the manner appearing in Part III
this Order, shall apply to National Health Insurance. 5 .. 5. Articles 4 to 16 and 18
the Widows' and Orphans' Pensions (References) Regulations, 1936 (S.R. & O., 1936 No. 115), modified in the manner appearing in Part IV
this Order, shall apply to National Health Insurance. 6 .. 6. The Schedules to the Widows' and Orphans' Pensions (References) Regulations, 1936 (S.R. & O., 1936, No. 115) modified in the manner appearing in the Schedule to this Order, shall apply to National Health Insurance. PART III. PROVISIONS IN RELATION TO THE APPOINTMENT
INSURANCE
FICERS AND APPEALS
FICERS AND THE FUNCTIONS AND POWERS
SUCH
FICERS. (Modified application to National Health Insurance
sections 46 , 49 , 50 , 51 and 52
the Widows' and Orphans' Pensions Act, 1935 .) 7 Appeals
ficers. 7.—
ficers for the purposes
the Acts, and every person so appointed shall hold
fice is appeals
ficer during the pleasure
the Minister.
ficers shall be civil servants serving in the Department
the Minister. 8 Insurance
ficers. 8.—
ficers for the purposes
the Acts, and every person so appointed shall hold
fice as such
ficer during the pleasure
the Minister.
ficers shall be civil servants serving in the Department
the Minister. 9 Claims and appeals. 9.—
any award which has been previously made shall be determined by an insurance
ficer.
appeal being given in accordance with the provisions
this Order, be referred to one or more appeals
ficers selected either by the Minister or by an
ficer
the Department
Social Welfare designated for the purpose by the Minister.
ficer may, if he so thinks proper, instead
determining it himself, refer in accordance with the provisions
this Order any question which falls to be determined by him under this article to an appeals
ficer selected in the manner provided for the selection
appeals
ficers in the immediately preceding sub-article.
an appeals
ficer on any matter referred to him under this article shall be final and conclusive and, if there has been an award, such award shall, if necessary, be revised by an insurance
ficer in accordance with the decision
the appeals
ficer. 10 Revision
awards and decisions. 10.—
this article, an insurance
ficer may, at any time and from time to time, revise any award made under sub-article
the immediately preceding article, if it appears to him that the award was erroneous in the light
new evidence or
new facts brought to his notice since the date on which it was made or by reason
some mistake having been made with respect to the law or the facts, and the provisions
this Order as to appeals shall apply to such revised award in the same manner as they apply to an original award.
the immediately preceding sub-article shall not apply to an award relating to a matter which is the subject
an appeal under sub-article
in this Order unless the revised award would be in favour
the claimant.
ficer with respect to a matter referred to him under the immediately preceding article, it appears to the Minister that the appeals
ficer might properly be asked to reconsider the decision in the light
new evidence or
new facts brought to his notice since the date on which the decision was given, the Minister may direct that the matter shall be referred to the appeals
ficer for reconsideration.
ficer with respect to a matter referred to him under the immediately preceding article, it appears to the Minister that theappeals
ficer might properly be asked to reconsider the decision in view
any apparent inconsistency between the decision and any other decision given by an appeals
ficer, the Minister may direct that both decisions shall be referred for reconsideration to the appeals
ficer concerned or to an appeals
ficer selected in the manner provided for the selection
appeals
ficers in sub-article
this Order.
an appeals
ficer on any matter referred to him under this article shall be final and conclusive and if there has been an award, such award shall, if necessary, be revised by an insurance
ficer in accordance with the decision
the appeals
ficer.
ficer under sub-article
this article shall take effect as follows : (a) where by virtue
the revised award benefit will be disallowed or be reduced it shall take effect, if made owing to the original award having been made or continued by reason
any statement or representation (whether written or oral) which was to the knowledge
the person making it false or misleading in a material respect or by reason
the wilful concealment
material facts, as from the date when the original award took effect ; provided that in a case where the benefit involved is by way
periodical payment the original award may, in the discretion
the insurance
ficer, continue to apply to any period covered by such original award to which such false or misleading statement or representation or such wilful concealment
material facts does not relate : (b) in any other case it shall take effect as from the date considered appropriate by the insurance
ficer, provided that any benefit already paid at the date
revision shall not be affected.
ficer, the revised decision and any award made for the purpose
giving effect thereto shall have effect from such date as the appeals
ficer may determine. 11 Powers
appeals
ficers to take evidence on oath. 11. An appeals
ficer or
ficers shall on the hearing
any matter referred to him or them under the Acts have power to take evidence on oath, and for that purpose such appeals
ficer or, where there are two or more appeals
ficers, any one
such appeals
ficers may administer oaths to persons attending as witnesses at such hearing. PART IV. PROCEDURE ON APPEALS. (Modified application to National Health Insurance
Articles 4 to 16 and 18
the Widows' and Orphans' Pensions (References) Regulations, 1936). 12 Notice
appeal. 12.—
four weeks from the date
notification
the award by the insurance
ficer ; provided that an appeal made after the end
that period may, with the consent
the Minister, be entertained.
withdrawal. 13 Contents
notice
appeal. 13.—
appeal shall contain a concise statement
the facts and contentions upon which the claimant intends to rely.
his appeal, and the appeal shall contain a list
any such documents. 14 Submission to appeals
ficer. 14. The Minister shall, as soon as may be, cause to be supplied to the appeals
ficer a copy
the notice
appeal, together with a statement showing to what extent are admitted or disputed the facts stated in the appeal and setting out any further facts and the contentions which will be relied upon at the hearing, and shall forward to the claimant, a copy
that statement. 15 Request for further particulars by appeals
ficer. 15. The appeals
ficer may at any time require the claimant or the Minister to furnish to him, in writing, further particulars with respect to the appeal, and may, at any stage
the proceedings, allow the amendment
any notice
appeal, statement, or particulars and may fix the time for furnishing any statement or particulars upon such terms as he may think just. 16 Summary determination
appeal. 16. If the appeals
ficer is
opinion that the case is
such a nature that it can properly be determined without a hearing, he may dispense with a hearing and may determine the appeal summarily. 17 Time and place
hearing. 17. If, in the opinion
the appeals
ficer, a hearing is required he shall, as soon as may be, fix a date and place for the hearing, and shall send to the Minister not less than twelve days' notice
the date and place fixed for the hearing and the Minister shall thereupon cause to be sent to the claimant not less than seven days' notice
the date and place fixed for the hearing. 18 Appearances at hearing, etc. 18.—
his family, or, with the consent
the appeals
ficer, by any other person.
ficer
his Department as he may appoint for the purpose.
ficer may postpone or adjourn the hearing from time to time as he may think fit.
ficer may, if he thinks fit, admit any duly authenticated written statement or other material as prima facie evidence
any fact or facts in any case in which he thinks it just and proper so to do.
ficer may, if he thinks fit, call for such documents and examine such witnesses as appear to him likely to afford evidence relevant and material to the issue although not tendered on behalf
the claimant or the Minister.
ficer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in such notice to give evidence in relation to any matter referred to such appeals
ficer under the Acts or to produce any documents in his possession, custody or control which relate to any such matter. 19 Default in appearance at hearing, etc. 19.—
a hearing has been duly given either
the parties fails to appear at the hearing, such order or decision may be made, and such proceedings may be taken with a view to the determination
, or in reference to, the appeal as the appeals
ficer may think just.
ficer may consider and decide any question duly referred to him for consideration and determination, notwithstanding the failure or neglect
any person to comply with any request or requirement
the appeals
ficer. 20 Procedure at hearing. 20. The procedure at the hearing shall be such as the appeals
ficer may determine. 21 Submission
further facts and contentions. 21. The claimant and the Minister shall not, without the leave
the appeals
ficer, be entitled to rely upon any facts or contentions other than those set out in the notice
appeal and in the statement required to be supplied under Article 14
this Order respectively. 22 Decision
appea's
ficer. 22.—
the appeals
ficer shall be in writing signed by him and shall be sent, as soon as may be, to the Minister.
ficer may award such costs and expenses as he considers reasonable to any person in relation to any matter referred to him under the Acts.
the decision, cause a memorandum thereof to be drawn up in the form set out in the Schedule to this Order and shall send a copy
the memorandum to the claimant. 23 Mode
sending notices. 23. Any notice or other document required or authorised to be sent to a claimant for the purpose
this Part
this Order shall be deemed to be duly sent if sent by post addressed to the claimant at his ordinary address. 24 References under Article 9
ficer to an appeals
ficer under sub-article
this Order shall be made in accordance with the Form provided for the purpose in the Schedule to this Order.
sub-article
this Order, the procedure for dealing with the reference shall, with the necessary modifications, be the same as if the reference were an appeal made under sub-article
this Order. 25 Forms in Schedule 25. The forms set out in the Schedule to this Order or forms to the like effect, may be used in all cases to which these forms are applicable. GIVEN under the
ficial Seal
the Minister for Social Welfare this 24th day
July, 1950. WILLIAM NORTON, Minister for Social Welfare. SCHEDULE. (Modified application to National Health Insurance
the Schedules to the Widows' and Orphans' Pensions (References) Regulations, 1936.) Form A.
APPEAL. To the Minister for Social Welfare: I...............................................
.................................................being dissatisfied with the award give on the............day
..........................., 19....... in connection with my claim for...................................................do hereby appeal against the said award and apply that the matter be referred to an appeals
ficer for determination. The facts and contentions upon which I rely in support
my appeal are set forth in the Particulars hereto attached. Dated this........day
....................................... 19...... (Signature)............................................................ . Claimant's Particulars. (Here set out a concise statement
the facts and contentions upon which the claimant relies and insert lists
all documents sent with this appeal.) Form A.
APPEAL. To the Appeals
ficer: ...................................................
.................................................being dissatisfied with the award on.........day
........................................ 19......, in connection with his (her) claim for.............................................has appealed against the said award and has applied that the appeal be referred to an appeals
ficer for determination. A copy
the appeal is enclosed. A statement
the facts and
the contentions which will be relied upon at the hearing is set out hereunder. Dated this.........day
....................................... 19...... (Signature)............................................................ .. (Here set out a concise statement
the facts and contentions which will be relied upon at the hearing.) Form A.
the award on your claim for..............................has been referred to an appeals
ficer for determination. A copy
statement which has been sent to the appeals
ficer showing to what extent are admitted or disputed the facts stated in your appeal and the further facts and contentions which will be relied upon in support
the award is attached hereto. (Signature)............................................................ .. Form A. 4. Article 17. NATIONAL HEALTH INSURANCE ACTS, 1911 TO 1950. NOTICE
HEARING
APPEAL UNDER ARTICLE 9
THE NATIONAL HEALTH INSURANCE (DECISIONS AND APPEALS) ORDER, 1950. In the matter
an appeal by............................................................ ............................................................ ...... ............................................................ ............................................................ ......................................................... Take notice that............................................................ ...................the Appeals
ficer selected for the purpose will proceed with the hearing
the above appeal at.....................................................on.................day, the.........day
.......................................... 19.........at the hour
..................o'clock in the..................noon; and that if you do not attend either in person or by your duly authorised representative at the time and place above mentioned, such order or award will be made and proceedings taken as the Appeals
ficer may think just and expedient. Dated this.........day
....................................... 19...... (Signature)............................................................ .. To........................................... ........................................ ........................................ Form A. 5. Article 22
DECISION
APPEALS
FICER UNDER ARTICLE 9
THE NATIONAL HEALTH INSURANCE (DECISIONS AND APPEALS) ORDER, 1950. In the matter
............................................................ ............................................................ ................ ............................................................ ............................................................ ........................................... The decision
the Appeals
ficer in the above matter is as follows :— Form A.
the National Health Insurance (Decisions and Appeals) Order, 1950, I hereby refer the following question for determination by an appeals
ficer. ............................................................ ........ Insurance
ficer. Date............................................................ .................. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
Ireland. Oireachtas Copyright Material is reproduced with the permission
the Houses
the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.