Legal Remedies and Appeals
An administrative appeal may be lodged against OPEKA administrative acts that reject, wholly or in part, an application for any type of welfare benefit, such as allowances, financial assistance or pensions for uninsured older people; discontinue a benefit; or assess or offset amounts. The appeal must be lodged within three (3) months from the date the relevant act is notified to the person concerned.
OPEKA’s Central Service includes a Directorate of Administrative Appeals, which supports the work of the body that hears appeals from interested parties.
At OPEKA’s Regional Directorates, the relevant process is supported by the Welfare Benefits Granting and Inspection Departments and the Administrative Appeals Departments.
At present, panels of the Appeals Review Body have been established and are operating in the following Regional Directorates:
– Central Macedonia, based in Thessaloniki
– Eastern Macedonia and Thrace, based in Komotini
– Thessaly, based in Larissa
– Western Greece, based in Patras
– Crete, based in Heraklion
Appeals are examined by the competent OPEKA Body in Athens against decisions or acts issued by OPEKA bodies, except those of the Central Service and the following Regional Directorates:
– Western Macedonia, based in Kozani
– Central Greece, based in Lamia
– Peloponnese, based in Tripoli
– Epirus, based in Ioannina
People who wish to appeal an OPEKA decision must complete the administrative appeal form. They can download it here or obtain it from the competent OPEKA services (Central Service or Regional Directorates) and Community Centres.
Please note that an appeal may not be lodged against decisions of OPEKA bodies where the grounds rely, on the one hand, on an administrative act of the Independent Authority for Public Revenue or its services stating that the applicant does not meet the income and property criteria for the relevant welfare benefit and, on the other hand, on a final administrative determination by the competent health committees regarding the applicant’s or beneficiary’s disability and disability percentage.
QUESTIONS AND ANSWERS
I want to appeal a decision rejecting my application for a benefit (such as a disability or housing benefit). Is there a specific form? Where can I get it?
– A specific form is available from the competent OPEKA services (the Central Service or Regional Directorates) and Community Centres.
A sample form can also be printed from the OPEKA website.
How can I submit the appeal form?
- the form can be submitted in person to the competent service, or
- the form can be sent by post, or
- the form can be sent by email to the competent email address, with any supporting documents attached. (If you attach documents to the email, please send them as a single file.)
How will I be informed about the review of my appeal?
– You will be sent a specific notice stating the date of your appeal hearing, to the address you provided on the appeal form.
Do I need to be represented by a lawyer at the appeal hearing?
– A lawyer is not required. You may be represented by an attorney if you wish.
I have lodged an appeal and have been told that my case will be heard on [date]. I cannot attend on that date. Can my case be heard in my absence, and if so, what can I do?
– Your case may be heard in your absence.
If you cannot attend:
- An authorized representative or lawyer may attend and represent you; or
- You may promptly send the service a signed declaration, duly certified, stating that you have been informed of the hearing date and wish your case to be heard in your absence. You may also send any supporting documents or a memorandum setting out your views.
My appeal has been heard. When and how will I be informed of the decision?
Once the Single-Member Body has decided the appeal and the required administrative steps for issuing the decision have been completed, the decision is sent by registered post through ELTA to the home address provided on the appeal form.
The Appeals Review Body rejected my request. Can I appeal to the courts, and is there a deadline?
– You may appeal to the competent Administrative Courts within sixty days of receiving the relevant decision.
Administrative Appeal Form
