Seán Power (Kildare South, Fianna Fail)

I do not accept this amendment because the legal advice received from the Attorney General's office indicates that no person not party to a decision can appeal a decision without permission of the courts. The rules of the superior courts make it clear that no person has a right to be joined to an appeal without special permission of the court hearing the appeal.

To minimise confusion that may arise in respect of this matter, the term "aggrieved person" is being used to indicate that only an affected party can appeal against a decision. If an applicant dies or becomes incapable, then a valid receipt cannot be obtained for any repayment under that application and no payment can be made under that application and a renewed application will be required. In that instance, as no valid receipt could be obtained and no repayment made, an appeal would not be considered. If a repayment was made, the State may be exposed to valid claims in the future as no valid receipt could be obtained. In the case where the applicant dies and is also the relevant person, a connected person can make an application on behalf of the relevant person. In the case where the applicant dies and is not the relevant person, the relevant person, or another connected person, can make an application. Alternatively, the HSE could make the application on behalf of the relevant person.