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Revision of awards and decisions.
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51.—(1) Subject to the provisions of this section, a deciding officer may, at any time and from time to time, revise any award made or decision given under the immediately preceding section if it appears to him that the award or decision was erroneous either in view of new facts which have been brought to his notice since the date on which it was made or given or by reason of some mistake having been made with respect to the law or the facts, and the provisions of this Act as to reference shall apply to such revised award or decision in the same manner as they apply as respects an original award or decision.
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(2) The provisions of the immediately preceding sub-section shall not apply—
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(a) to an award or decision relating to a matter which has been referred to a referee or referees under the immediately preceding section;
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(b) if the time for making an application to have the matter to which the award or decision relates referred to a referee or referees has not expired; or
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(c) to an award made by a deciding officer for the purpose of giving effect to a decision given by a referee or referees,
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unless, in a case falling within paragraph (a) or paragraph (b) of this sub-section, the person on whose application the reference was made or who is entitled to apply to have the matter referred, as the case may be, consents.
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(3) If, in any case in which a decision has been given by a referee or referees with respect to the matter referred to him or them under the immediately preceding section, it appears to the Minister that the referee or referees might properly be asked to reconsider the decision in view either of new facts which have been brought to his notice since the date on which the decision was given or any apparent inconsistency between the decision and any other decision subsequently given by a referee or referees, the Minister may direct that the matter shall be referred to the referee or referees for reconsideration.
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(4) A revised award made or a revised decision given by a deciding officer under this section shall take effect as follows:—
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(a) where by virtue of the revised award or decision a pension will become payable to any person or a pension will be increased, it shall take effect—
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(i) if made or given by reason of a new fact having been brought to the notice of a deciding officer, as from the date on which the application for revision was made,
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(ii) in any other case, as from the date on which the original award or the original decision took effect;
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(b) where by virtue of the revised award or decision a pension will cease to be payable or be reduced, it shall take effect as from the date on which notice of the revised award or decision is given to the person concerned.
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(5) Where a decision is revised under this section by a referee or referees, the revised decision and any award made for the purpose of giving effect thereto shall have effect from such date as the referee or referees may determine.
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(6) The foregoing provisions of this section with respect to the date as from which a revised award or revised decision is to take effect shall not be construed as affecting the operation of the provisions of this Act relating to repayment of pensions overpaid.
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