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Section 104 Review of decisions

Original text. Later amendments are not shown.

(1)

Any decision under this Act of an insurance officer, a local tribunal or a Commissioner may be reviewed at any time by an insurance officer or, on a reference from an insurance officer, by a local tribunal, if—

(a)

the officer or tribunal is satisfied and, in the case of a decision of a Commissioner, satisfied by fresh evidence, that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b)

there has been any relevant change of circumstances since the decision was given; or

(c)

the decision was based on the decision of—

(i)

a question for determination by the Secretary of State under section 93 or 95, or by the Attendance Allowance Board under section 105(3), or

(ii)

either of the disablement questions (section 108) in relation to industrial injuries benefit,

and the decision of that question is revised under section 95(2) or 96 (Secretary of State) or section 106 (Attendance Allowance Board) or section 110 (medical board).

(2)

A question may be raised with a view to a review under this section by means of an application in writing to an insurance officer, stating the grounds of the application.

(3)

On receipt of any such application, the insurance officer shall proceed to deal with or refer any question arising thereon in accordance with sections 99 to 101.

(4)

A decision given on a review under this section, and a refusal to review a decision thereunder, shall be subject to appeal in like manner as an original decision, and sections 99 to 101 shall, with the necessary modifications, apply in relation to a decision given on such a review as they apply to the original decision of a question.