S.I. No. 10/2007 - Circuit Court Rules (Social Welfare Appeals) 2007

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.

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 to the Court, or a certified copy of same.

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.

4. The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 46.

Form 46

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF THE SOCIAL WELFARE CONSOLIDATION ACT 2005

NOTICE OF APPEAL PURSUANT TO SECTION 307 OF THE SOCIAL WELFARE CONSOLIDATION ACT 2005

BETWEEN

Plaintiff

AND

Defendant

TAKE NOTICE that an appeal will be made to the Court sitting at .......................on the.....day of..............or the next opportunity thereafter against the decision of the respondent deciding officer given on the.....day of.............. in respect of the appellant, on the grounds that

And the appellant will apply for an order ✻substituting for the said decision a decision that

[and insert details of any consequential or supplementary relief sought in the appeal]

Dated the ..........day of........................

Signed ..................................................................

Appellant /Solicitor for the Appellant

To: .............................................................................

Respondents/Solicitor for the Respondent

And

To: The County Registrar

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These rules prescribe Circuit Court procedures in respect of Appeals under the

Social Welfare Consolidation Act 2005

(No. 26 of 2005).

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 anyreplying affidavit the evidence in his or her possession relating to the decision appealed from as would otherwise be available to the Appeals Officer.

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

7. The Court may make such Order as to costs on any appeal as may be appropriate, including an Order measuring the costs.”

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, and

section 12

of the

Courts of Justice Act 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act 1924

and

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 12

th

day of December 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Patrick Hunt

Fergal Foley

Gerard J. Doherty

Noel Rubotham

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 16

th

day of January, 2007

Signed

Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.10 of 2007

CIRCUIT COURT RULES (SOCIAL WELFARE APPEALS) 2007