Section 10 Review of decision

(1)

Where the Department rejects an application under Article 4, a person may apply to the Department for a review of the decision in accordance with this Article if that person is–

(a)

a person whose application has been rejected in whole or in part; or

(b)

any other person who believes they are eligible under Article 4 to an income support payment in respect of animals, milk or potatoes specified in the application that has been rejected in whole or in part.

(2)

A person must apply to the Department in writing for a review no later than one month from the date of the notification of the decision to be reviewed and specify–

(a)

the name and address of the applicant;

(b)

the decision of the Department in respect of which the applicant seeks a review and the date of that decision; and

(c)

full particulars of the grounds upon which the review of the decision is sought.

(3)

Where an applicant seeks a review under this Article the Department must review the decision specified.

(4)

In reviewing a decision the Department may–

(a)

consider any document or other evidence produced by the applicant (whether or not that document or evidence was available at the time of the decision);

(b)

invite the applicant to provide such further information relevant to the review as it considers appropriate; and

(c)

give the applicant or his representative an opportunity to make representations orally or in writing.

(5)

Following a review of the decision the Department may—

(a)

confirm the decision; or

(b)

substitute for it a new decision.

(6)

As soon as reasonably practicable after reviewing the decision, the Department must notify the applicant in writing of its decision under paragraph (5) and the reasons for it.