Departments Directions Social Fund Guide Part 6 - Reviews
Direction 33 - Decision not wholly in applicant's favour8450If the reviewing officer is of the opinion that the decision in relation to a community care grant or crisis loan review cannot be changed wholly in the applicant's favour the applicant must be given the opportunity of taking part in an interview in the following circumstances:
- the RO is minded to reject the applicant’s evidence; or
- base the revised decision on evidence provided by a third party, which the applicant is not aware of.
8451The majority of these interviews will be conducted by telephone, with a specific time and date arranged to enable the applicant to prepare for the interview. The interview may proceed on first contact if appropriate and with the applicant’s agreement.
8452Under no circumstances should the applicant be pressured into participating in a telephone review on first contact. It should be made clear to the applicant that a future date and time can be arranged so that the applicant can be better prepared for the interview.
8453It may be appropriate to interview the applicant in person - see Direction 33(3) (a) to (c) refers This may include where the applicant:
- has difficulty making themselves understood on the telephone e.g.- People who are deaf or have a hearing
- impairment may find it difficult to hear the explanation of the original determination over the phone or
- Have a speech impediment that would make it difficult to express their views
- where the applicant’s first language is not English;
- is nervous about using the telephone;
- does not have access to a telephone e.g. persons without accommodation or where public call boxes/payphones are not a suitable option;
- Has requested that they be interviewed in person and the Reviewing Officer (RO) has decided that in the applicant’s circumstances it would be reasonable to do so e.g. due to the sensitive nature of a case, an applicant may not wish to discuss their circumstances over the telephone.
The examples listed are not exhaustive.
8454While the situations mentioned in Direction 33(3) (a) and (b) are the only ones where the RO must give the applicant an opportunity to be interviewed in person, the RO may choose to interview the applicant in person in any circumstances where it seems appropriate.
8455The RO, in the case of a budgeting loan review application, should be able to reach a decision without the need to conduct an interview with the applicant. The RO should only contact the applicant and provide an explanation of the decision, preferably by telephone, where the applicant has disputed the key facts, e.g the personal circumstances taken into account or receipt of a qualifying benefit. The explanation would also provide the applicant with an opportunity to comment and ask questions about the original decision.
8456Where the applicant:
- cannot be contacted or is difficult to reach by telephone; or
- is disadvantaged by using the telephone due to communication or other problems; or
- has requested a written explanation the RO must provide in writing the above explanation of the decision and respond to any comments or questions raised.
8457-8549
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