Social Welfare Consolidation Act 2005 section 327A

Appeal to high court by Minister

Section 327A allows the Minister to appeal to the High Court, on a question of law, against a decision of the Chief Appeals Officer to revise or not to revise an appeals officer's decision.

• Where the Chief Appeals Officer revises an appeals officer's decision under section 318, the Minister may appeal that revised decision to the High Court on any question of law.
• Where the Chief Appeals Officer decides not to revise an appeals officer's decision, the Minister may appeal that refusal to the High Court, again solely on a question of law.
• An appeal by the Minister does not stop the payment of benefit or assistance to the claimant while the appeal is being determined.
• The Minister's right of appeal is limited strictly to questions of law and does not extend to disputes about the facts of a case.