Departments Directions Social Fund GuidePart 8 - The Directions issued by the Department
Overpayments
Direction 43 – Overpayments – misrepresentation 43.If any question arises as to whether, in consequence of a misrepresentation or failure to disclose any material fact by any person who applied for a discretionary social fund payment, an amount of a community care grant, budgeting loan or crisis loan has been overpaid and is recoverable -
(a)the determination may be reviewed by a decision maker;
(b)the questions which shall be determined on that review are whether any misrepresentation or failure to disclose a material fact has occurred and if so, whether any and if so, what amount(s) has been overpaid and is recoverable in consequence of the misrepresentation or failure to disclose.
Direction 44 – Action following the Decision Maker’s overpayment determination44.(1)Where following a review under direction 43, the decision maker has determined that a person has obtained a community care grant, budgeting loan or crisis loan in consequence of a misrepresentation or failure to disclose any material fact and as a result of that misrepresentation or failure, an amount has been overpaid and is recoverable, he shall notify the person in writing of his determination.
(2)The written notification referred to in paragraph (1) above shall advise the person that if he does not agree with the determination made under direction 43, he must so notify the decision maker within the time specified in the decision maker's written notification, whereupon that determination will be reviewed by another decision maker (referred to in this direction and in directions 45 to 48 as the "reviewing officer").
(3)Where the person to whom the determination made under direction 43 relates, informs the decision maker that he does not agree with that determination, the decision maker must pass all the papers relevant to that determination to a reviewing officer, who will freshly determine the question referred to in direction 43 (making a written record of his determination) and that determination will supersede that of the decision maker.
Direction 45 – Reviewing Officer action, first stage45.In reviewing an overpayment determination pursuant to direction 44, the reviewing officer 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.
Direction 46 – Manner in which a review of an overpayment determination is to be conducted46.Having first considered the matters specified in direction 45, the reviewing officer in reviewing the overpayment determination concerned must have full regard to -
(a)the material facts and circumstances of any 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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Direction 47 – Action following the Reviewing Officer’s review47.The reviewing officer, after determining whether any, and if so what, amount is recoverable shall inform the applicant of his decision in writing and shall also inform him of his right to apply for a further review of that decision by a social fund inspector.
Direction 48 – Social Fund Inspector refers the matter back to the Reviewing Officer for determination48.A reviewing officer shall consider carefully any case referred by a social fund inspector for redetermination. He shall take into account any reasons given by the social fund inspector in reaching his decision to refer the matter to him, remedy any defects drawn attention to by the social fund inspector and note that he has done so when determining the case afresh.
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