Departments Directions Social Fund GuidePart 8 - The Directions issued by the Department
The Directions issued by the Department to Social Fund Inspectors
The Directions issued by the Department under sections 134(1)(b), 136(2) and 136(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and sections 64(7) and 64(8)(a) and (b) of the Social Security Administration (Northern Ireland) Act 1992 to the Social Fund Inspectors
Social Fund Inspector's Direction 1 - Role of the Social Fund Inspectors: Community Care Grants and Crisis Loan determinations1.In reviewing a community care grant determination and a crisis loan determination a social fund inspector must have full regard initially to -
(a)whether the decision maker applied the law correctly in arriving at his decision on review. In particular -
(i)that the decision is sustainable on the evidence;
(ii)that the decision maker took all relevant considerations into account and did not take irrelevant considerations into account;
(iii)that the decision maker interpreted the law including Department directions correctly;
(b)whether the decision maker acted fairly and exercised his discretion to arrive at a conclusion that was reasonable in the circumstances - i.e. a decision that a reasonable decision maker could have reached;
(c)whether the required procedural steps have been followed; and there has been no bias.
Social Fund Inspector's Direction 2 - Social Fund Inspectors reviews: Community Care Grants and Crisis Loan determinations2.If in reviewing a community care grant determination and a crisis loan determination initially, a social fund inspector is satisfied that the decision was reached correctly, having regard to the factors in direction 1, the social fund inspector in reviewing the determination thereafter must have full regard to -
(a)all the circumstances, including the state of the budget and local priorities, that existed at the time the original determination was made;
(b)any new evidence which has since been produced, and
Social Fund Inspector's Direction 3 - The Role of the Social Fund Inspector: Budgeting Loan determinations3.In reviewing a budgeting loan determination a social fund inspector must have full regard initially to -
(a)whether the decision maker applied the law correctly in arriving at his decision. In particular-
(i)that the decision is sustainable on the evidence;
(ii)that the decision maker took all relevant considerations into account and did not take irrelevant considerations into account;
(iii)that the decision maker interpreted the law - including Department directions - correctly;
(b)whether the Decision Maker had regard to the relevant allocation in accordance with Direction 41;
(c)whether the Decision Maker acted fairly, followed the required procedural steps and acted without bias.
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Social Fund Inspector's Direction 4 - Social Fund Inspector review: Budgeting Loan Determinations4.(1)If in reviewing a budgeting loan determination initially, a Social Fund Inspector is satisfied that the decision was reached correctly, having regard to the factors in direction 3, the Social Fund Inspector in reviewing the determination thereafter must, have full regard to -
(a)the applicant's personal circumstances as they existed at the time the original determination was made;
(b)the material facts confirming the applicant's personal circumstances which existed at the time the original determination was made;
(c)any new evidence supporting the material facts which confirm the applicant's personal circumstances existing at the time the original determination was made and which has since been produced;
(d)any other material fact which existed at the time the original determination was made and any new evidence supporting that fact which has since been produced;
(e)(provision removed from 1 April 2009)
(f)any increase in the amount repayable to the Social Fund by the applicant or his partner or both since the date of the original determination and, where there has been such an increase, any sums repaid to the Social Fund since the date of the original determination.
(2)For the purposes of paragraph (1)(a) to (c), in relation to the applicant's personal circumstances, the Social Fund Inspector shall only have regard to those circumstances which are applicable to him and which are specified in Directions issued by the Department pursuant to section 136(1A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
(3)In arriving at the maximum amount available to a Budgeting Loan applicant the Social Fund Inspector shall apply the baseline figure current on the day his review determination is made.
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Social Fund Inspector's reviews Direction 5 - Social Fund Inspector overpayment review - first stage5.In reviewing an overpayment determination a Social Fund Inspector must have full regard initially to -
(a)whether the decision maker applied the law correctly in arriving at his decision. In particular-
(i)that the overpayment determination is sustainable on the evidence;
(ii)that the decision maker interpreted the law - including Department directions - correctly;
(b)whether the Decision Maker acted fairly, followed the required procedural steps and acted without bias.
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Social Fund Inspector's reviews Direction 6 - Social Fund Inspector overpayment review - second stage6.If in reviewing an overpayment determination initially, a social fund inspector is satisfied that the overpayment determination was both legally sustainable and made in accordance with the correct procedure, having regard to the factors set out in direction 5, the social fund inspector in reviewing the overpayment determination thereafter must have full regard to-
(a)the material facts and circumstances of misrepresentation or failure to disclose;
(b)any new evidence which has since been produced, and
(c)whether any, and if so what, amount is recoverable as a consequence of the misrepresentation or failure to disclose any material fact.
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