Childcare Support Act 2018 (Appeals) Regulations 2019.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Childcare Support Act 2018 (Appeals) Regulations 2019.
(2) These Regulations shall come into operation on 2 September 2019.
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paragraphs: In these Regulations -
“Act” means the Childcare Support Act 2018;
“appeal” means an appeal under section 20 of the Act;
“Appeals Officer” means a person appointed by the scheme administrator under section 20 of the Act to consider an appeal;
“appellant” means any person who brings an appeal against a review decision by the scheme administrator under section 17 of the Act;
“day” means working day;
“hearing” means an oral hearing conducted by an Appeals Officer in private;
“Notice of Appeal” shall be construed in accordance with Regulation 3(1).
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paragraphs: (1) A notice of appeal shall be submitted by an appellant, within 30 days of the date of the notice of the review decision given by the scheme administrator under section 17(7) of the Act, by giving notice to the scheme administrator in writing in the form set out in the Schedule (in these Regulations referred to as the “Notice of Appeal”).
(2) A notice of appeal shall be submitted by an appellant with such documentary evidence as the appellant wishes to rely on in support of his or her appeal, and the notice shall contain a list of any such documents.
(3) Where a notice of appeal has been received within the period referred to in Regulation 3(1) and all relevant documentary evidence in support of the appeal was not submitted with the notice of appeal, the Appeals Officer may specify a period for the receipt of such documentary evidence.
(4) An appeal shall not be considered by an Appeals Officer where an appeal has been received later than the period referred to in Regulation 3(1).
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paragraphs: An Appeals Officer shall, within 10 days of his/her appointment by the scheme administrator to consider an appeal, notify the appellant of receipt of the notice of appeal.
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paragraphs: (1) An Appeals Officer, may, at any time -
(a) request any additional information or particulars from a parent, a childcare services provider or the scheme administrator as he or she deems necessary to determine an appeal, and
(b) fix the time for furnishing any such information upon such terms as he or she may think fit.
(2) An Appeals Officer shall, within 10 days, after receiving additional information or particulars from a person give a copy of that information or particulars to the appellant or the scheme administrator, as appropriate.
(3) Each party to an appeal shall be given an opportunity to reply in writing to the information submitted to the Appeals Officer by the other party including the opportunity to reply in writing to any further information or particulars provided to the Appeals Officer following a request for additional information or particulars by the Appeals Officer under Regulation 5(1).
(4) Each party to an appeal shall furnish any replying written submissions to the Appeals Officer within 15 days of the date on which the other party’s written submissions were sent to that party by the Appeals Officer or such other period as may be specified by the Appeals Officer.
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paragraphs: Where an Appeals Officer is of the opinion that an appeal is of such a nature that it can properly be determined without a hearing, he or she may determine the appeal summarily.
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paragraphs: (1) Where, in the opinion of an Appeals Officer, a hearing is required, he or she shall, as soon as may be, fix a date and place for the hearing, and give reasonable notice of the date, venue and time to the appellant and the scheme administrator.
(2) An appellant may represent himself or herself or, may, with the consent of the Appeals Officer, be accompanied or represented by another person at the oral hearing of his or her appeal.
(3) Notwithstanding that an appellant is represented by another person at the oral hearing of his or her appeal, an Appeals Officer may make enquiries directly of the appellant as s/he deems appropriate.
(4) Any other person appearing to an Appeals Officer to be concerned may also attend at the hearing.
(5) A party to an appeal may make a request, in writing, accompanied by relevant documentation, for an adjournment of a hearing citing the reasons for such a request.
(6) Where an Appeals Officer is satisfied that exceptional circumstances exist warranting the adjournment of the hearing, s/he may grant such a request.
(7) An Appeals Officer shall determine the procedure to be followed at a hearing.
(8) An Appeals Officer may postpone or adjourn the hearing as he or she may think fit.
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paragraphs: Where a party fails to appear at a hearing:
(a) after notice of a hearing of an appeal has been given under Regulation 7(1), or
(b) a request for an adjournment has been made under Regulation 7(5) and has been refused by the Appeals Officer,
the Appeals Officer may decide to proceed with the hearing and make a decision based on the evidence before him/her.
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paragraphs: Any notice or other document required or authorised to be sent to any person for the purpose of these Regulations shall be deemed to be duly sent if sent by post addressed to him or her at his or her ordinary address or at his or her place of business.
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paragraphs: A person wishing to withdraw an appeal may do so by sending a written notice to that effect to the scheme administrator.
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paragraphs: (1) Where an Appeals Officer considers that s/he is in receipt of complete information to enable him or her to make a decision, s/he shall make a decision within 20 days of the receipt of that information.
(2) Notwithstanding that documentary evidence is not received by the date specified by the Appeals Officer under Regulation 3(3) or that any documentation requested under Regulation 5(1) is not provided by a person to whom such a request was made under that Regulation, an Appeals Officer may proceed to make a decision in relation to the matter under appeal.
(3) Where an oral hearing has taken place, an Appeals Officer shall make a decision within 20 days of the oral hearing, subject to the Appeals Officer deeming the information to be complete at that stage.
(4) An Appeals Officer may, by notice in writing to the parties, correct any mistake (including an omission) of a verbal or formal nature in a decision under section 20(3) of the Act.
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paragraphs: An Appeals Officer may decide an appeal notwithstanding the failure or neglect of any person to comply with any requirement of these Regulations.