Social Welfare Act, 1952

Revision of decisions.

46.—(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made with respect to the law or the facts, or if it appears to him in a case where benefit has been payable that there has been any relevant change of circumstances since the decision was given, and the provisions of this Act as to appeals shall apply to such revised decision in the same manner as they apply to an original decision.

(2) The provisions of subsection (1) of this section shall not apply to a decision relating to a matter which is on appeal or reference under section 44 of this Act unless the revised decision would be in favour of a claimant for benefit.

(3) 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 in a case where a claim for benefit has been allowed that there has been any relevant change of circumstances since the decision was given.

(4) The Chief 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 by reason of some mistake having been made with respect to the law or the facts, and, save where the question is a question specified in paragraph (a), (b) or (c) of subsection (1) of section 42 of this Act, any person who is dissatisfied with the revised decision may appeal therefrom to the High Court on any question of law.

(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows:—

(a) where benefit will, by virtue of the revised decision, be 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 oral) 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 as from the date on which the original decision took effect, but, in a case in which the benefit is by way of periodical payment, the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be) continue to apply to any period covered by such original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate,

(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be), but any payment of benefit already made at the date of the revision shall (without prejudice to its being treated, in accordance with regulations for the purposes of paragraph (b) of subsection (2) of section 48 of this Act, as paid on account of another benefit) not be affected.

(6) A reference in this section to revision includes a reference to revision consisting of a reversal.