Social Welfare Consolidation Act 2005 section 316

Award of expenses

Section 316 sets out the rules on costs and expenses in social welfare appeals, confirming that legal or representation costs are generally not awarded but that certain out-of-pocket expenses may be reimbursed.

• No award of costs (including representation costs) is generally made to any person involved in a social welfare appeal.
• An appeals officer may, however, award a person appearing before them their necessary expenses, which are payable by the Minister.
• "Expenses" covers travel, subsistence and loss of earnings for appellants and witnesses, and actual attendance costs for representatives.
• The Minister may also pay expenses (including loss of remunerative time) to assessors who assist appeals officers, subject to the approval of the Minister for Public Expenditure and Reform.