Social Welfare Consolidation Act 2005

Revision of decisions by deciding officers.

[1993 s248(1)]

301

301.F1650[(1) A deciding officer may at any time

(a) revise any decision of a deciding officer

(i) where it appears to him or her that the decision was erroneous

(I) in the light of new evidence or new facts which have been brought to his or her notice since the date on which the decision was given, or

(II) by reason of some mistake having been made in relation to the law or the facts,

or

(ii) where

(I) the effect of the decision was to entitle a person to any benefit within the meaning of section 240, and

(II) it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since that decision was given,

or

(b) revise any decision of an appeals officer where

(i) the effect of the decision of the appeals officer was to entitle a person to any benefit within the meaning of section 240, and

(ii) it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since the decision of the appeals officer was given,

and the provisions of this Part as to appeals apply to a revised decision under this subsection in the same manner as they apply to an original decision of a deciding officer.]

[1999 s30(1)(c); 2005 (SW&P) s23 & Sch 1]

(2) A deciding officer who is a bureau officer may at any time make a decision revising a determination of an employee of the Executive, including F1651[a designated person in relation] to entitlement to supplementary welfare allowance where it appears to the deciding officer that the determination ought to be revised having regard to the facts as they are established to the satisfaction of the deciding officer and the application of this Act to those facts 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 of a deciding officer.

F1652[(2A) A deciding officer may at any time revise any determination of a designated person

(a) where it appears to him or her that the determination was erroneous

(i) in the light of new evidence or new facts which have been brought to his or her notice since the date on which the determination was made, or

(ii) by reason of some mistake having been made in relation to the law or the facts,

or

(b) where

(i) the effect of the determination was to entitle a person to supplementary welfare allowance, and

(ii) it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since that determination was made,

and the provisions of this Part as to appeals shall apply to a decision of a deciding officer under this subsection in the same manner as they apply to an original decision of a deciding officer.]

[1993 s248(2)]

(3) Subsection (1)(a) shall not apply to a decision relating to a matter which is on appeal or reference under section 303 or 311 unless the revised decision would be in favour of a claimant.

[1999 s30(1)(d)]

F1651[(4) Subsection (2) or (2A) does not apply to a determination relating to a matter which is on appeal under section 311 unless the decision of a deciding officer under subsection (2A) or the revised decision under subsection (1), as the case may be, would be in favour of the claimant.]

F1653[(5) In subsections (1)(a)(ii)(II), (1)(b)(ii) and (2A)(b)(ii), the reference to any relevant change of circumstances means any relevant change of circumstances that occurred before, or occurs on or after, the coming into operation of the Social Welfare and Pensions (No. 2) Act 2013.]

Annotations

Amendments:

F1650

Substituted (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 3(1)(a), commenced on enactment, subject to transitional provisions in subs. (2).

F1651

Substituted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.

F1652

Substituted (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 3(1)(b), commenced on enactment, subject to transitional provisions in subs. (2).

F1653

Inserted (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 3(1)(c), commenced on enactment, subject to transitional provisions in subs. (2).

Modifications (not altering text):

C133

Application of section extended and modified (4.06.1998) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 20 and sch. A, in effect as per art. 2, continued in force by s. 362(2). {Note for the purposes of Interpretation Act 2005 (23/2005), s. 26(2) the provisions of Social Welfare Consolidation Act 2005 (26/2005), s. 301 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 248.}

Application of the Act of 1993

20. The provisions of the enactments mentioned in column (1) of Schedule A hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.

Schedule A

Article 19

Section of Act of 1993 to be applied

Modification

(1)

(2)

...

...

Section 248

248. (1) (a) A deciding officer may, at any 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 Part VII of the Act of 1993, as applied under section 23 of the Act of 1982 shall apply to the revised decision in the same manner as they apply to an original decision.

(2) Subsection (1)(a) shall not apply to a decision relating to a matter which is on appeal or reference under section 257 of the Act of 1993, as applied under section 23 of the Act of 1982 unless the revised decision would be in favour of a claimant.

...

...

Editorial Notes:

E1959

Previous affecting provision: subs. (2A) inserted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011; substituted (25.12.2013) as per F-Note above.

E1960

Previous affecting provision: subs. (2) and (4) amended and subs. (2A) inserted by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.

E1961

Previous affecting provision: subs. (2A) inserted and subs. (4) amended by Social Welfare Consolidation Act 2005 (26/2005), s. 364 and sch. 6 para. 4(c), not commenced; repealed (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.