Departments Directions Social Fund GuidePart 6 - Reviews
Direction 38 - SFI refers the matter to a RO for decision8900The Social Fund Inspector will indicate why they cannot confirm the Reviewing Officer's decision, e.g. the evidence in the case does not support the decision.
8901The RO should consider, first, whether any more information or evidence should be sought before they redetermine the application.
8902When the RO is satisfied that all the necessary information is available to enable the case to proceed, they should determine the case afresh.
8903The RO's new determination:
- is made in light of comments from the SFI
- should take fully into account the points raised by the SFI
8904The RO should show on form SF 603:
- that the case is being determined afresh
- all new evidence and relevant changes of circumstances and how they have been considered
- any points of law or interpretation dealt with by SFI in a particular case, and that they have been taken into account
- all defects identified by the SFI and how they have been remedied
- further information required by the SFI
- that each of the points made by the SFI has been taken into account and is covered in the documentation of the RO's determination
8905Record the new decision in full on form SF 603 addressing all the points raised by the SFI. Send a copy of this to the OSFC as soon as possible.
8906The RO should arrange for the new decision to be implemented and for a copy of form SF 603 to be sent to the applicant with the decision letter.
8907A SF applicant who is dissatisfied with the new decision has the right to apply for a review by the SFI.
89087-8949
Overpayments out of Social FundGeneral
8950This section describes the separate review arrangements when considering overpayments of Commiunity Care Grants(CCGs), Budgeting Loans(BLs) and Crisis Loans(CLs) which were obtained through misrepresentation or failure to disclose material facts.
8951You must remember that, with the exception of overpayment questions under this section, all applications for review must be processed in accordance with the procedure described in paragraphs 8000 to 8907.
8952-8969
8970Article 71 of the Social Security (Northern Ireland) Order 1998 ("the Order") (which inserts a new section 69ZA into the Social Security Administration (Northern Ireland) Act 1992) enables the Department to recover discretionary social fund payments which have been overpaid as a consequence of the person's misrepresentation or failure to disclose any material fact where there has been a determination to that effect.
8971Under Article 38(1)(b) of the Social Security (Northern Ireland) Order 1998 Decision Makers(DMs):
- may determine that a CCG, BL or CL was overpaid and is recoverable on the grounds that any person who applied for a discretionary Social Fund payment (including a case where someone applied on behalf of someone else), had obtained the payment by misrepresentation or by a failure to disclose any material fact.
8972In determining whether there has been an overpayment and whether that overpayment is recoverable the DM must, pursuant to Article 38(8) of the Social Security (Northern Ireland) Order 1998:-
- act in accordance with any general directions issued by the Department which may include;
- the circumstances in which a determination is to be reviewed
- the manner in which a review is to be conducted and
- take account of any general guidance issued by the Department
8973-8999
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