Social Welfare Consolidation Act 2005
F1679[Revision of determination of entitlement to supplementary welfare allowance.]
[1993 s268; 2005 (SW&P) s23 & Sch 1]
F1679[324.—F1680[(1) A designated person may at any time—
(a) revise a determination of a designated person in relation to entitlement to supplementary welfare allowance—
(i) 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
(ii) where—
(I) the effect of the determination was to entitle a person to supplementary welfare allowance, and
(II) it appears to the designated person that there has been any relevant change of circumstances since that determination was made,
or
(b) revise the decision of an appeals officer where—
(i) the effect of the decision of the appeals officer was to entitle a person to supplementary welfare allowance, and
(ii) it appears to the designated person that there has been any relevant change of circumstances which has come to notice since that decision was given,
and the provisions of this Part as to appeals apply to a revised determination or a revised decision under this subsection, as the case may be, in the same manner as they apply to an original determination of a designated person.]
(2) Subsection (1) shall not apply to a determination relating to a matter which is on appeal under section 311 or 323 unless the revised determination would be in favour of the claimant.]
F1681[(3) In subsections (1)(a)(ii)(II) and (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:
F1679
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.
F1680
Substituted (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 5(1)(a), commenced on enactment subject to transitional provisions in subs. (2).
F1681
Inserted (25.12.2013) by Social Welfare and Pensions (No. 2) Act 2013 (49/2013), s. 5(1)(b), commenced on enactment subject to transitional provisions in subs. (2).
Editorial Notes:
E1986
Previous affecting provision: section substituted 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.
