Social Welfare Consolidation Act 2005

F1668[Revision by appeals officer of decision of appeals officer]

[1993 s262]

317

F1668[317. (1) An appeals officer may at any time revise any decision of an appeals officer

(a) where it appears to him or her that the decision was erroneous in the light of new evidence or new facts which have been brought to his or her notice since the date on which it was given, or

(b) 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 appeals officer that there has been any relevant change of circumstances which has come to notice since that decision was given.

(2) In subsection (1)(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:

F1668

Substituted (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 4(1), commenced on enactment, subject to transitional provisions in subs. (2).

Modifications (not altering text):

C144

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. 317 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 262.}

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 262

262. 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.

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