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Social Welfare (Miscellaneous Provisions) Act 2010 (No. 28)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-2)1. Short title, construction, collective citation and commencement.2. Definitions.Part 2 Amendments to Social Welfare Acts (ss. 3-26)3. Normal residence of qualified child - amendments.4. Amendment to section 3 of Principal Act.5. Limitation on the return of contributions - amendment.6. Amendment to section 40 of Principal Act.7. Jobseeker's benefit - disqualification for course of study.8. Incapacity supplement - amendment.9. Jobseeker's allowance - assessment of means.10. Jobseeker's allowance - amendment.11. Pre-retirement allowance - assessment of means.12. Disability allowance - amendment.13. Farm assist - assessment of means.14. Qualified person - amendment.15. Amendment to section 320 of Principal Act.16. Appeals to High Court - amendment.17. Amendment to Schedule 3 to Principal Act.18. Jobseeker's benefit - reduction of rates in certain circumstances.19. Jobseeker's allowance - reduction of rates in certain circumstances.20. Supplementary welfare allowance - reduction of weekly amount in certain circumstances.21. Rates of assistance - amendment.22. Appointment of appeals officers - amendment.23. Chief Appeals Officer - amendment.24. Miscellaneous amendments to Principal Act.25. One-parent family payment - amendments.26. Domiciliary care allowance - amendment.Part 3 Functions of Minister Relating to An Foras Áiseanna Saothair (ss. 27-30)27. Interpretation.28. Advances by Minister to An Foras.29. Request by Minister to An Foras for reports and information.30. Directions by Minister to An Foras.Part 4 Assistance for Employment and Certain Schemes Providing Employment and Income Support (ss. 31-33)31. Interpretation.32. Functions of Minister.33. Amendment to Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007.Part 5 Miscellaneous (s. 34)34. Expenses.Schedule - Miscellaneous Amendments to Principal Act
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AI Summary of 16. Appeals to High Court - amendment.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 July 2010 - onwards

16. Appeals to High Court - amendment.

(1) Section 327 of the Principal Act is amended by deleting "on any question, other than a question to which section 320 applies,".

(2) The Principal Act is amended by inserting the following section after section 327:

"Appeal to High Court by Minister.

327A.

(1) Where pursuant to section 318 the Chief Appeals Officer -

(a) revises a decision of an appeals officer, the Minister may appeal that revised decision to the High Court on any question of law, or

(b) does not revise a decision of an appeals officer, the Minister may appeal the decision of the Chief Appeals Officer not to revise the first-mentioneddecision to the High Court on any question of law.

(2) An appeal by the Minister under subsection (1) shall not operate as a stay on the payment of benefit or assistance to a person pursuant to adecision of an appeals officer or, as the case may be, the Chief Appeals Officer, until that appeal is determined.".

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