asked the Minister for Social Welfare if people have the same right of appeal under the new national fuel scheme which was announced recently as they have had prior to the Supreme Court decision last November.

The Supreme Court decision referred to declared the regulations governing the national fuel scheme to be invalid and, as a result, the scheme as it stood, including the statutory provisions for decisions and appeals, ceased to exist.

In order that the persons who would previously have received fuel allowances could continue to do so, arrangements have been made with the health boards for the operation of the scheme on a non-statutory basis pending a review of the situation. The present position, therefore, is that although the statutory basis is no longer there, the rights of applicants have effectively been safeguarded. Where persons are dissatisfied with decisions on their claims the boards will review the decisions in the light of any new facts or evidence.

I take it that in the event of a mistake being made in the assessment of one's income, and an applicant refused free fuel, applicants will have a court of appeal, so that they can lodge an appeal against the decision of the official concerned? Is that correct?

The Deputy used the expression: "have a court of appeal". I would remind him that the right of appeal claimants had previously was under the legislation relating to the supplementary welfare allowance scheme and as the Deputy knows, the national fuel scheme formed part of that legislation. The Supreme Court decided that the regulations specifically providing for the national fuel scheme were not valid; that also invalidated the legislative provision for the scheme. We had to consider what alternative regulations we could make. Of course the previous legislation included a formal right of appeal. We thought of making alternative regulations but it was thought likely at that point that the same legal problems could recur which might threaten people's existing entitlements. It was considered that, in the short term at least, a non-statutory scheme offered the best solution. In a non-statutory scheme, as the Deputy will be aware, it is not possible to include a formal legal right of appeal. But I am satisfied from our contacts with the health boards that claimants will have the same opportunity as before to bring all the facts of cases before the health boards and that full consideration will continue to be given to them. In all cases there will be arrangements for reviewing cases which are refused. In most cases the mechanism will be the same as before, that is the supplementary welfare allowance appeals structure, even though the formal right of appeal no longer exists. Any person who is dissatisfied with a decision taken in their case should get in touch with the relevant health board and seek a review.

I want to be very sure that all officials of health boards are aware of this, that a person can appeal where he or she feels there is any injustice invalued in their assessment. This is of vital importance because as far as I know, community welfare officers throughout the country are completely confused about this aspect. I am glad the Minister is telling the House this afternoon that everything stands as heretofore. It is of vital importance that every official within each health board is made fully aware of the Minister's statement here this afternoon.

I repeat that I am giving the Deputy information that has been given to me in the course of our discussions with the health boards.