Redundancy Payments Act 1967

Revision of decisions.


41.(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 with respect to the law or the facts, or if it appears to him in a case where a weekly payment has been payable that there has been any relevant change of circumstances since the decision was given, and the provisions of this Act as to appeals shall apply to such 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 39 unless the revised decision would be in favour of a claimant for a weekly payment.

(3) A revised decision given by a deciding officer shall take effect as follows:—

(a) where redundancy payment will, by virtue of the revised decision, be disallowed or reduced 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 oral) 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, in a case in which the redundancy payment is by way of periodical payment, the original decision may, in the discretion of the deciding officer continue to apply to any period covered by such 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, but any payment already made at the date of the revision shall not be affected.

(4) Regulations may provide for the treating of any redundancy payment paid to an employee under a decision of a deciding officer, which it is subsequently decided was not payable, as paid on account of any other redundancy payment which it is decided was payable to that employee or for the repayment of any such payment and the recovery thereof by deduction or otherwise.

(5) Reference in this section to revision includes reference to revision consisting of a reversal.


Editorial Notes:


Power pursuant to section exercised (3.01.1968) by Redundancy (Repayment and Recovery of Payments) Regulations 1968 (S.I. No. 5 of 1968).