[F128 Reviews of decisions of adjudication officers.N.I.
(1)On an application under this section made within the prescribed period, a decision of an adjudication officer under section 19 above which relates to an attendance allowance, a disability living allowance or a disability working allowance may be reviewed on any ground subject, in the case of a disability working allowance, to section 128(6) of the Contributions and Benefits Act.
(2)On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 19 above which relates to an attendance allowance or a disability living allowance may be reviewed if—
(a)the adjudication officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact;
(b)there has been any relevant change of circumstances since the decision was given;
(c)it is anticipated that a relevant change of circumstances will so occur;
(d)the decision was erroneous in point of law; or
(e)the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,
but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.
(3)Regulations may prescribe what are, or are not, relevant changes of circumstances for the purposes of subsection (2)(b) and (c) above.
(4)On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 19 above that a person is or was at any time terminally ill for the purposes of section 66(1), 72(5) or 73(12) of the Contributions and Benefits Act may be reviewed if there has been a change of medical opinion with respect to his condition or his reasonable expectation of life.
(5)On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 19 above which relates to a disability working allowance may be reviewed if—
(a)the adjudication officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact;
(b)subject to section 128(6) of the Contributions and Benefits Act, there has been any prescribed change of circumstances since the decision was given;
(c)the decision was erroneous in point of law; or
(d)the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,
but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.
(6)The claimant shall be given such notification as may be prescribed of a decision which may be reviewed under this section and of his right to a review under subsection (1) above.
(7)A question may be raised with a view to a review under this section by means of an application made in writing to an adjudication officer stating the grounds of the application and supplying such information and evidence as may be prescribed.
[F2(7A)The Department may undertake investigations to obtain information and evidence for the purposes of making applications under subsection (7) above.]
(8)Regulations—
(a)may provide for enabling or requiring, in prescribed circumstances, a review under this section notwithstanding that no application under subsection (7) above has been made; and
(b)if they do so provide, shall specify under which provision of this section a review carried out by virtue of any such regulations falls.
(9)Reviews under this section shall be carried out by adjudication officers.
(10)Different aspects of any question which arises on such a review may be dealt with by different adjudication officers; and for this purpose this section and the other provisions of this Part of this Act which relate to reviews under this section shall apply with any necessary modifications.
(11)If a review is under subsection (1) above, the officer who took the decision under review shall not deal with any question which arises on the review.
(12)Except in prescribed circumstances, where a claim for a disability living allowance in respect of a person already awarded such an allowance by an adjudication officer is made or treated as made during the period for which he has been awarded the allowance, it shall be treated as an application for a review under this section.
(13)Where—
(a)a claim for an attendance allowance, a disability living allowance or a disability working allowance in respect of a person has been refused; and
(b)a further claim for the same allowance is made in respect of him within the period prescribed under subsection (1) above,
the further claim shall be treated as an application for a review under that subsection.]
Textual Amendments
F1S. 28 ceased to have effect (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by virtue of S.I. 1998/1506 (N.I. 10), arts. 1(2), 39(3); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)
S. 28 repealed (29.11.1999 for certain purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(2), Sch. 7; S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)
F2S. 28(7A) inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 16(1); S.R. 1997/316, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 28(2)(d) restricted (28.2.1994) by S.R. 1987/82, reg. 64A(3A) (as inserted by S.R. 1994/21, reg. 2(2))