Social Welfare Consolidation Act 2005 section 301

Revision of decisions by deciding officers

Section 301 gives deciding officers the power to revise earlier decisions β€” whether their own, another deciding officer's or an appeals officer's β€” where errors are discovered, new facts emerge or circumstances change.

  • A deciding officer may revise any earlier decision at any time if it was wrong due to a mistake of law or fact, or if new evidence has come to light since the decision was made.
  • Where a decision entitled a person to a social welfare benefit and there has since been a relevant change of circumstances, the deciding officer may revise that decision β€” and this applies equally to decisions originally made by an appeals officer.
  • A deciding officer who is a bureau officer may also revise determinations made by a designated person regarding supplementary welfare allowance, where the facts as now established warrant a different outcome.
  • A decision cannot be revised while the matter is on appeal or reference, unless the revised decision would be in the claimant's favour.

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