Social Welfare (Consolidation) Act, 1981
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Revision of decisions. [1952, s. 46; S.I. No. 9 of 1953 ] |
300.—(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him that there has been any relevant change of circumstances since the decision was given, and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision. | |
(2) Subsection (1) shall not apply to a decision relating to a matter which is on appeal or reference under section 298 unless the revised decision would be in favour of a claimant. | ||
(3) An appeals officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him that there has been any relevant change of circumstances since the decision was given. | ||
(4) The Chief Appeals Officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts, and, save where the question is a question to which section 298 (6) applies, any person who is dissatisfied with the revised decision may appeal therefrom to the High Court on any question of law. | ||
(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows— | ||
(a) where any benefit (including supplementary benefit under Part V ), assistance or a children's allowance will, by virtue of the revised decision, be disallowed or reduced or a qualification certificate under Chapter 2 of Part III is revoked and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be), continue to apply to any period covered by the original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate; | ||
(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be), but— | ||
(i) any payment of benefit (including supplementary benefit under Part V ) already made at the date of the revision shall (without prejudice to its being treated, in accordance with regulations for the purposes of section 113 (2) (b), as paid on account of another benefit) not be affected, and | ||
(ii) any payment of any assistance or children's allowance already made at the date of the revision shall not be affected, though it may be treated as paid on account of other assistance or children's allowance or on account of benefit (other than supplementary benefit under Part V ) where it is decided that such other assistance, allowance or benefit was properly payable. | ||
(6) Where it appears to the Minister that a question has arisen or may arise as to whether— | ||
(a) the conditions for the receipt of assistance (other than a supplementary welfare allowance under Part III ) or a children's allowance payable under a decision are or were fulfilled, or | ||
(b) a decision that such assistance or such allowance is payable ought to be revised under this section, | ||
he may direct that payment of the assistance or allowance shall be suspended in whole or in part until the question has been decided. | ||
(7) Where, in accordance with the provisions of this Act— | ||
(a) a decision is varied or reversed by a deciding officer, a local pension committee or an appeals officer so as to disallow or reduce assistance (other than a supplementary welfare allowance under Part III ) or a children's allowance paid or payable to a person, and | ||
(b) the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, | ||
any such assistance or children's allowance repayable in pursuance of the revised decision may, without prejudice to any other method of recovery and in addition to the existing powers of recovery under this Act, be recovered by deduction from either benefit (except maternity benefit, orphan's (contributory) allowance or supplementary benefit under Part V ) or assistance (except orphan's (non-contributory) pension or supplementary welfare allowance) to which such person then is or becomes entitled. | ||
(8) A reference in this section to revision includes a reference to revision consisting of a reversal. |