Social Welfare Consolidation Act 2005 section 317

Revision by appeals officer of decision of appeals officer

Section 317 allows an appeals officer to revise a previous appeals decision where new evidence emerges or where there has been a relevant change in the claimant's circumstances.

  • An appeals officer may revise any earlier appeals decision at any time if new evidence or new facts come to light after the original decision was made.
  • A revision may also be made where the original decision entitled a person to a social welfare benefit and a relevant change of circumstances has since come to the officer's notice.
  • A "relevant change of circumstances" covers changes that occurred before or after the commencement of the Social Welfare and Pensions (No. 2) Act 2013, ensuring the revision power applies broadly regardless of timing.
  • The power to revise is discretionary β€” the appeals officer must form the view that the original decision was erroneous in light of the new information or that the change of circumstances is relevant to the entitlement.

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