Court Rules

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Order 90 - The Social Welfare (Consolidation) Act 1981

1.[1] Every appeal under the Social Welfare (Consolidation) Act 1981, Section 299 or Section 300(4) shall be brought by Special Summons.

2.  The summons shall be entitled in the matter of the said Act on the application of the person bringing the appeal, and shall state the decision of the appeals officer appealed against and the grounds of appeal.

3.  The summons shall be served on the Minister for Social Welfare and on all parties to the decision of the appeals officer.

4.  The summons shall be issued within twenty-one days of the date on which notice of the decision of the appeals officer was given to the party appealing; provided that the time within which the summons may be issued may be extended on application ex parte at any time within six weeks from the date on which notice of the decision of the appeals officer was given to the party desirous of appealing.

5.[2] Any question referred to the decision of the High Court by the Chief Appeals Officer under section 299 of the said Act shall be brought by special summons, entitled in the matter of the said Act, on the application of the Chief Appeals Officer.  The summons shall state concisely the question referred for the decision of the Court and shall be served on all parties to the application to the appeals officer.

6.  No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs.


[1]      Order 90 rule 1 substituted by SI 67 of 1991, effective 21 March 1991.

[2]      Order 90 rule 5 amended by SI 67 of 1991, effective 21 March 1991.  This replaced the words “said Minister” with “Chief Appeals Officer”.