Social Welfare Consolidation Act 2005

Effect of revised decisions by deciding officers.

[1993 s249; 1999 s30(2) & Sch F]

302

302.—A revised decision given by a deciding officer shall take effect as follows:

(a) where any benefit, assistance, F1654[child benefit,] F1655[] F1656[F1657[working family payment], continued payment for qualified children or back to work family dividend] will, by virtue of the revised decision be disallowed or reduced and the revised decision is given owing to the original decision or determination 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 from the date on which the original decision or determination took effect, but the original decision or determination may, in the discretion of the deciding officer, continue to apply to any period covered by the original decision or determination to which the false or misleading statement or representation or the wilful concealment of any material fact does not relate;

(b) where any benefit, assistance, F1654[child benefit,] F1658[] F1656[F1657[working family payment], continued payment for qualified children or back to work family dividend] will, by virtue of the revised decision be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods before and after the commencement of this Act) which have been brought to the notice of the deciding officer since the original decision or determination was given, it shall take effect from the date that the deciding officer shall determine having regard to the new facts or new evidence and the circumstances of the case;

(c) in any other case, it shall take effect as from the date considered appropriate by the deciding officer having regard to the circumstances of the case.

Annotations

Amendments:

F1654

Substituted (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4).

F1655

Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment.

F1656

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 9, commenced on enactment.

F1657

Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).

F1658

Deleted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 22, commenced on enactment.

Modifications (not altering text):

C134

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. 302 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 249.}

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)

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Section 249

249. A revised decision given by a deciding officer in respect of a claim under section 23 of the Act of 1982, shall take effect as follows:—

(a) where an allowance is 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 verbal) which was, to the knowledge of a 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 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) where any allowance will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given in the light of new evidence or new facts which have been brought to the notice of the deciding officer since the original decision was given, it shall take effect from such date as that officer shall determine having regard to the new facts or new evidence ;

(c) in any other case, it shall take effect as from the date considered appropriate by the deciding officer but any payment of an allowance already made at the date of the revision shall not be affected.

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Editorial Notes:

E1962

See also Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 197 (made pursuant to s. 294) as regards child benefit cases.

E1963

Previous affecting provision: para. (a) amended (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4); deleted (21.07.2010) as per F-Note above.