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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 3

Supplementary Welfare Allowance — Determinations and Appeals

Determination of entitlement to supplementary welfare allowance.

[1981, s. 204(4)]

266.—Any function in relation to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 267, be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970 ) of the health board.

Appeals.

[1981, s. 205(1)]

267.—(1) Where a person is dissatisfied with the determination by an officer of a health board of a claim by him for supplementary welfare allowance, an appeal shall lie against such determination to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

[1981, s. 205(2)]

(2) The Minister may by regulations made under section 188 provide for the making and determination of appeals under this section.

Revision of determinations of entitlement to supplementary welfare allowance.

[1993, s. 31(1)]

268.—An officer of a health board who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time revise any determination of entitlement to such allowance if it appears to him that the determination was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which the determination was given or if it appears to him in a case where an allowance has been payable that there has been any relevant change of circumstances since the determination was given.

Effect of revised determinations by officers of health board.

[1993, s. 31(1)]

269.—A revised determination of entitlement to a supplementary welfare allowance given by an officer of a health board shall take effect as follows—

(a) where any supplementary welfare allowance will, by virtue of the revised determination be disallowed or reduced and the revised determination is given owing to the original determination having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original determination took effect, but the original determination may, in the discretion of the officer of the health board, continue to apply to any period covered by the original determination to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(b) where any supplementary welfare allowance will, by virtue of the revised determination, be disallowed or reduced and the revised determination is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this Act) which have been brought to the notice of the officer of the health board since the original determination was given, it shall take effect from such date as the officer of the health board shall determine having regard to the new facts or new evidence;

(c) in any other case, it shall take effect as from the date considered appropriate by the officer of the health board having regard to the circumstances of the case.