Social Welfare Consolidation Act 2005

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Revision of determination of entitlement to supplementary welfare allowance.

[1993 s268; 2005 (SW&P) s23 & Sch 1]

324.—(1) An employee of the Executive (in this subsection referred to as the “first-named employee”) who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time—

(a) revise a determination of another employee of the Executive, other than an employee appointed or designated under section 323 , of entitlement to such allowance if it appears to the first-named employee that the determination was erroneous in the light of new evidence or of new facts which have been brought to the notice of the first-named employee since the date on which the determination was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to the first-named employee that there has been any relevant change of circumstances since the determination was given,

(b) revise the determination of another employee of the Executive appointed or designated under section 323 , if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the determination was given, or

(c) revise the decision of an appeals officer, if it appears to the first-named employee that there has been any relevant change of circumstances which has come to notice since the decision was given,

and the provisions of this Part as to appeals shall apply to the revised determination in the same manner as they apply to an original determination of an employee of the Executive.

(2) Subsection (1)(a) and (b) shall not apply to a determination relating to a matter which is on appeal under section 312 or 323, as the case may require, unless the revised determination would be in favour of a claimant.