Social Welfare Consolidation Act 2005 section 302

Effect of revised decisions by deciding officers

Section 302 sets out when a revised decision made by a deciding officer takes effect, depending on whether the revision results from fraud or misrepresentation, new evidence, or other circumstances.

• Where a payment is disallowed or reduced because the original decision was based on a false or misleading statement or wilful concealment of a material fact, the revised decision takes effect from the date the original decision took effect.
• However, the deciding officer has discretion to let the original decision stand for any period to which the fraud or misrepresentation does not relate.
• Where a payment is disallowed or reduced in the light of new evidence or new facts brought to the deciding officer's attention since the original decision, the revised decision takes effect from a date determined by the deciding officer having regard to the new evidence and the circumstances of the case.
• In all other cases, the revised decision takes effect from whatever date the deciding officer considers appropriate in the circumstances.