Circuit Court Rules (Social Welfare Appeals) 2007
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules, which may be cited as the Circuit Court Rules (Social Welfare Appeals) 2007, shall come into operation on the 13th day of February 2007.
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paragraphs: These Rules shall be construed together with the Circuit Court Rules 2001.
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paragraphs: The Circuit Court Rules are amended by the insertion immediately following Order 71 of the following:
“Order 72
Appeals under the Social Welfare Consolidation Act 2005 (No. 26 of 2005)
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paragraphs: 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.
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paragraphs: 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.
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paragraphs: 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.
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paragraphs: 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.
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paragraphs: 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.
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paragraphs: Save where the Court otherwise permits, all appeals shall be heard upon affidavit evidence or as may be determined by the Court.
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paragraphs: The Court may make such Order as to costs on any appeal as may be appropriate, including an Order measuring the costs.”
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paragraphs: The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 46.
Form 46
AN CHÃIRT 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).