Social Welfare Consolidation Act 2005 section 325

Effect of revised determination by employee of Health Service Executive

Section 325 sets out the effective dates for revised determinations of entitlement to supplementary welfare allowance, distinguishing between revisions due to fraud, new evidence, and other circumstances.

• Where a claimant's allowance is reduced or disallowed because the original determination was based on a false or misleading statement or wilful concealment of a material fact, the revised determination takes effect from the date the original determination took effect — though the designated person may allow the original determination to stand for any period unaffected by the fraud.
• Where a claimant's allowance is reduced or disallowed in light of new evidence or facts (relating to periods both before and after the commencement of the Act) brought to the designated person's attention since the original determination, the revision takes effect from a date chosen by the designated person having regard to the new evidence and the circumstances of the case.
• In all other cases, the revised determination takes effect from whatever date the designated person considers appropriate in the circumstances.
• The section was amended by the Social Welfare and Pensions Act 2008 (section 18 and Schedule 1).