Social Welfare Consolidation Act 2005 section 319

Effect of revised decision by appeals officer

Section 319 sets out when a revised decision by an appeals officer takes effect, with different rules applying depending on whether the revision was prompted by fraud, 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 of the original decision.
• However, the appeals 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 light of new evidence or new facts brought to the appeals officer's attention after the original decision, the revised decision takes effect from a date determined by the appeals 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 appeals officer considers appropriate in the circumstances.