Circuit Court Rules

ORDER 72

APPEALS UNDER THE SOCIAL WELFARE CONSOLIDATION ACT, 2005

1. In this Order —

‘the Act’ means the Social Welfare Consolidation Act, 2005 (No 26 of 2005);

‘Chief Appeals Officer’ and ‘deciding officer’ have the same meaning as in the Act.

[SI 10/07]

2. An appeal to the court under section 307 of the Act shall be commenced by the issue of an originating notice of motion (hereinafter referred to as ‘the notice of motion’) in accordance with Form 46 of the Schedule of Forms and which shall have annexed thereto (if in writing) the direction of the Chief Appeals Officer issued to the person who has appealed the decision of the deciding officer concerned directing the person to submit the appeal.

[SI 10/07]

3. The person who has appealed the decision of the deciding officer shall be the plaintiff and the deciding officer concerned shall be the defendant. Appeals shall be brought in the county where the plaintiff ordinarily resides. The notice of motion shall state the date on which the direction of the Chief Appeals Officer was received by the plaintiff. The notice of motion shall be signed by or on behalf of the plaintiff and shall state the Sitting of the court at which the appeal is to be made. The notice of motion shall be supported by a grounding affidavit setting out the facts relied upon in the appeal.

[SI 10/07]

4. A copy of the notice of motion and a copy of the grounding affidavit shall be served upon the defendant no later than 28 days prior to the return date specified in the notice of motion by any of the modes by which civil bills may be served.

[SI 10/07]

5. The defendant shall deliver a replying affidavit not later than 21 days from the service upon him of the plaintiff’s grounding affidavit exclusive of the day of service, or within such further time as may be agreed by the parties unless the court shall otherwise direct. The defendant shall exhibit to any replying affidavit the evidence in his or her possession relating to the decision appealed from as would otherwise be available to the Appeals Officer.

[SI 10/07]

6. Save where the court otherwise permits, all appeals shall be heard upon affidavit evidence or as may be determined by the court.

[SI 10/07]

7. The court may make such order as to costs on any appeal as may be appropriate, including an order measuring the costs.

[SI 10/07]

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