29Determinations by Court

29 Determinations by Court

29 Determinations by Court

(1) An applicant for a benefit under this Act, other than Schedule 3, who is aggrieved by any decision made under this Part by the Authority, other than a decision under section 26 (2) (b) or 27, may apply to the Court for a determination in relation to that decision.

(2) Not less than 21 days’ notice of an application under this section shall be given by the applicant to the Court and the Authority.

(3) The Authority is entitled to be represented at the hearing of an application under this section.

(4) The Court, after considering an application under this section, may make a determination that the decision of the Authority in respect of which the application was made—

(a) be confirmed, or

(b) subject to section 24 (7), be set aside and replaced by a different decision made by the Court.

(5) Where the Court makes a decision referred to in subsection (4) (b), that decision shall, for the purposes of this Part, be deemed to have been made by the Authority and shall be carried into effect.

(6) Subject to section 127 (Right of appeal to Supreme Court) of the District Court Act 1973, the Court has exclusive jurisdiction to examine, hear and determine applications under this section.

(7) The Court, after hearing an application under this section, may assess the costs of the successful party to the application (including costs of representation and witness expenses, if any) and order that the costs so assessed or any part of them be paid to the successful party by any other party within a time specified in the order.

(8) Where costs assessed under subsection (7) are not paid within the time specified in the order made under that subsection in respect of them, the person in whose favour the order was made may recover the costs in a court of competent jurisdiction as a debt due to the person by the person against whom the order was made.

(9) (Repealed)

s 29: Am 1984 No 92, Sch 1 (4); 2002 No 23, Sch 1.8 [3].