Departments Directions Social Fund Guide Part 6 - Reviews
Direction 39- Manner in which a review is to be conducted-stage one Reviewing officer's action, first stage 8180On receipt of the case,the Reviewing Officer (RO) should re-examine the application form, decision form and relevant papers to ensure that at the time of the original determination:
- the law (including directions) was interpreted and applied correctly
- the Department's guidance and any guidance issued by the ADM under Article 36(2) of the Social Security(Northern Ireland) Order 1998 and Direction 40 were taken into account
- in CCG and CL cases sufficient information about the relevant circumstances of the case was obtained, and proper regard was given to all the relevant circumstances of the case, including the nature, extent and urgency of the applicant's need and the relevant Social Fund allocation
- in BL cases, proper regard was given to all the relevant circumstances of the case including, the correct information about those personal circumstances specified in the relevant directions as applied to the applicant at the date on which the original determination was made and the Decision Maker (DM) applied the national baseline applicable at the date of the original determination
- the decision was reasonable in the circumstances, impartial and did not take irrelevant considerations into account
8181The word ‘reasonable’ mentioned in the final bullet point above, should be taken to mean ‘ a reasonable decision that any DM faced with the facts and law relating to the case could have reached’.
8182Once the determination has been re-examined to see if it was made properly, reconsider the determination, see Direction 32.
8183-8349
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Direction 32 - Manner in which a review is to be conducted- stage 2Reviewing officer's action, second stage - CCG and CL cases 8350When you have re-examined the CCG or CL determination under Direction 39(1) to see if it was made properly, reconsider the determination:
- with regard to the facts which existed at the time the original determination was made
- with regard to any new evidence or other factors raised by the application for review
- with regard to any relevant change of circumstances
- applying the law and directions, taking account of guidance and local priorities and bearing in mind the need to correct any error that may have occurred
- taking account of the relevant Social Fund allocation existing at the date of the review
8351This second stage of the CCG/ CL review will take place on the basis of all the relevant evidence available at the time of the review.
8352-8369
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Reviewing officer's action, second stage - BL cases 8370When you have re-examined the BL determination under Direction 39(2) to see if it was made properly, reconsider the determination:
- having regard to all the relevant facts of the case as at the date on which the original determination was made
- having regard to the correct treatment of such of the applicant's personal circumstances as are specified in Direction 50 as applied to him as at the date on which the original determination was made
- checking computer and associated records
- asking for further information if necessary
- applying the law, and the directions bearing in mind the need to correct any error that may have occurred.
8371This second stage of the review will look at the original determination in the light of:
- the applicant's personal circumstances as specified in Direction 50 which applied to him as at the date the original determination was made; and
- any material facts not considered under Direction 50 which applied to the applicant at the date the original determination was made; and
- 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, and
- the Northern Ireland baseline figure issued by the Department for determining the maximum amount available to each Budgeting Loan applicant under the Northern Ireland budget which is current at the date of the review.
8372-8390
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Decision changed wholly in applicant's favour 8372For the decision to be wholly in the applicant's favour, it must meet all the points of the original and review applications. If it is clear that you can change the decision wholly in the applicant’s favour, you should conduct a full review under Direction 39 and32.
8373The decision should be:
- recorded on form SF602 giving reasons and an explanation as to why the decision can be changed wholly in the applicant’s favour.
- issued with a letter telling the applicant that if they disagree with the revised decision they can ask for a further review by the Social Fund Inspector (SFI)
8374The DM and RO should ensure that they have all the relevant information to determine the application/review. Where a relevant issue is raised in connection with an application, the DM or RO should seek more information where this is necessary to ensure the relevant issue is fully taken into account in determining the application/review.
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8375-8449
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