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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

PART VII

Decisions, Appeals and Social Welfare Tribunal

CHAPTER 1

Deciding Officers and Decisions by Deciding Officers

Appointment and Functions of Deciding Officers

Appointment of deciding officers.

[1981, s. 295]

246.—The Minister may appoint such and so many of his officers as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.

Decisions by deciding officers.

[1981, s. 296(1)]

247.—(1) Subject to this Act, and in accordance with any relevant regulations, every question to which this section applies shall be decided by a deciding officer.

[1981, ss. 111(1), 296(2); 1984, s. 27; 1986, s. 17(1); 1988, s. 15; 1993, s. 29; S.I. No. 279 of 1991, A. 22, Sch. A]

(2) This section applies to every question arising under—

(a) Part II (social insurance) being a question—

(i) in relation to a claim for benefit,

(ii) as to whether a person is or was disqualified for benefit,

(iii) as to the period of any disqualification for benefit,

(iv) as to whether an employment is or was insurable employment or insurable (occupational injuries) employment,

(v) as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment,

(vi) as to what rate of employment contribution is or was payable by an employer in respect of an employed contributor,

(vii) as to who is or was the employer of an employed contributor,

(viii) as to whether a person is or was entitled to become a voluntary contributor,

(ix) on any such other matter relating to Part II as may be prescribed,

(x) as to whether an employment is or was an insurable self-employment,

(xi) as to whether a person is or was in insurable self-employment, or

(xii) as to what rate of self-employment contribution is or was payable by a self-employed contributor,

(b) Part III (social assistance) other than Chapter 11 (supplementary welfare allowance),

(c) Part IV (child benefit),

(d) Part V (family income supplement), and

(e) Part VI (general provisions relating to social insurance, social assistance and insurability).

[1981, s. 111(2)]

(3) A reference in subsection (2)(a) to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.

Revised Decisions by Deciding Officers

Revision of decisions by deciding officers.

[1993, s. 31(1)]

248.—(1) A deciding officer may, at any time—

(a) 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 in relation to the law or the facts, or if it appears to him that there has been any relevant change of circumstances since the decision was given, or

(b) revise any decision of an appeals officer if it appears to him 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 decision in the same manner as they apply to an original decision of a deciding officer.

[1993, s. 31(1)]

(2) Subsection (1)(a) shall not apply to a decision relating to a matter which is on appeal or reference under sections 250 and 257 unless the revised decision would be in favour of a claimant.

Effect of revised decisions by deciding officers.

[1993, s. 31(1)]

249.—A revised decision given by a deciding officer shall take effect as follows—

(a) where any benefit, assistance, child benefit or family income supplement 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 verbal) 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 the original decision may, in the discretion of the deciding officer, continue to apply to any period covered by the original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(b) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this Act) which have been brought to the notice of the deciding officer since the original decision was given, it shall take effect from such date as the deciding officer shall determine having regard to the new facts or new evidence;

(c) in any other case, it shall take effect as from the date considered appropriate by the deciding officer having regard to the circumstances of the case.

Reference by deciding officer to appeals officer.

[1981, s. 298(3)]

250.—A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him to an appeals officer.