Social Welfare and Pensions (No. 2) Act 2013

Amendment of section 317 of Principal Act

4. (1) The Principal Act is amended by substituting the following section for section 317:

“Revision by appeals officer of decision of appeals officer

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.”.

(2) Where, before the coming into operation of subsection (1), a request had been made under section 317 of the Principal Act for a revised decision on the grounds that there had been any relevant change of circumstances and the request had not been determined, that request shall be determined in accordance with section 317 of the Principal Act as if that section had not been amended by subsection (1).