Departments Directions Social Fund Guide Part 6 - Reviews
Direction 34 - Interviewing the applicant
8550The Interviewing Officer (IO), who may be the Reviewing Officer (RO) appointed to review such determinations or a suitable, trained Decision Maker (DM) will conduct the review interview unless either:
- they are unavailable or
- the Social Fund (SF) Manager decides that an alternative SFDM would be more appropriate.
8551In the vast majority of cases, the review interview will be conducted over the telephone by a RO, acting as the IO. See Direction 33.
8552Where a face-to-face interview is required, the preferred option is for the IO to be a trained peripatetic RO, available to carry out the interview by appointment. Where this not possible, e.g. because of geographical distance or the need for an urgent Crisis Loan (CL) interview.then exceptionally the interview will be carried out by someone other than that RO.
The review interview - for Community Care Grants and Crisis Loans8553The interview is intended to meet the applicant’s right to natural justice and to know the case against him. Applicants are unlikely to have a good understanding of the decision making process and might not know what information is relevant to their application.
8554It is therefore important that the IO asks the right questions to elicit the information. To do so, the IO needs to examine the existing evidence, mindful of the tests that have to be met for an award, to identify any gaps or conflicts and the questions he needs to ask in the course of the interview.
8555The IO should
- explain fully the reasons for the decision which is being reviewed;
- advise the applicant about any evidence held that they are not aware of e.g. information obtained from a third party such as a social worker however if corroboration of confidential information is necessary but not reasonably obtainable you should seek the consent of the third party source to use the information as evidence;
- ask any necessary questions to establish the facts;
- give the applicant the opportunity to provide any additional information;
- ask any further questions that may arise from any additional information the applicant gives;
- prepare an accurate account of the interview and agree it with the applicant;
- advise the applicant of what will happen following the interview;
- advise the applicant of his right to independent review, if he is dissatisfied with the review decision.
8556The explanation to the applicant should include:
- all relevant law, directions and guidance that led to the decision;
- all factors/evidence, including the state of the allocation, taken into account and any disregarded, with the reasons;
- in Community Care Grant (CCG) and CL cases, how discretion was applied;
8557The applicant’s statement in respect of the review being undertaken should include:
- why the applicant disagrees with the determination and the reasons behind it
- in CCG and CL cases:
- why the applicant considers that more emphasis should be given to factors that the reviewing officer may not think very important;
- any other evidence, factors or information that the applicant feels should be considered;
- further supporting documentation.
8558If the applicant is interviewed in person, where possible, the interview should take place in a private interview room. If necessary, the interview may take place in the applicant’s home, e.g. if he or she is severely disabled or frail and elderly.
An explanation of the decision – Budgeting Loan Review Application 8559It is not necessary to offer the applicant a formal review interview in order to provide him/her with a fair and proportionate review of the original decision. This is because the conditions of entitlement for budgeting loans (BLs) are more limited than those relating to Community Care Grants and Crisis Loans and the decision making process is therefore more formulaic and not open to interpretation.
8560The applicant should be offered an explanation of the original decision where there is a dispute about the key facts, i.e the personal circumstances 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.
8561The reviewing officer would be able to correct any factual errors in relation to the applicant’s personal circumstances and receipt of a qualifying benefit in the subsequent review decision.
8562-8599
Direction 35 - Interviews8600Record all representations made at the interviewheld under Direction 33(2) by the applicant and/ or representative on form SF602. If necessary, continue details on form SF602c and tag form SF602c to form SF602.
8601Record also that an explanation as outlined in guidance on direction 34 has been given
8602The Interviewing Officer (IO) should read back the record of the telephone interview and obtain the applicant’s verbal agreement, note part 5 of form SF602 that a telephone interview was conducted, sign the form A6 and tag it to the Social Fund (SF) papers relating to the review application.
8603When the applicant is interviewed in person, the applicant should sign part 5 of form SF602 and any attached forms to show that they agree with the written record of the interview.
8604Where the applicant asks for a copy of the written record of the interview, you should provide them with a copy of form SF602 and/or form A6 on request.
8605Do not add to records of the interview after the interview has finished
8606Where the applicant indicates that they require more time to obtain additional information, you should provide them with sufficient time to supply such information.
8607During the interview tell the applicant that:
- the case will be reviewed and a new decision issued
- it is their right, following the review decision, to apply for a further review by the Social Fund Inspector (SFI)
Record at part 5 of form SF602 that this has been done
8608Exceptionally, where the applicant either refuses to verbally agree their statement or sign form SF602, note this on form A6 and tag the form A6 to the SF papers relating to the review application.
8609If you think the applicant has not understood the points being made you should attempt to clarify them, for example, by sending the applicant a written record of the interview asking them to sign and return it within 7 days. If the record cannot be agreed within a reasonable time after the interview the review should be completed in accordance with the guidance on Direction 36.
8610-8649
Direction 36 - Action following the interview 8650After the interview
- reconsider the original decision on the basis of the facts at the time of the original decision, see Direction 39 and 32
- identify and record details of any errors in the original decision
- take account of any relevant changes in circumstances and new evidence
- complete part 6 of form SF602
- issue a written decision and inform the applicant that if they do not agree with the decision they can ask for a further review by the Social Fund Inspector (SFI).
8651Where there are no errors or relevant changes in circumstances/new evidence that affect the original decision you should confirm that decision. Where an error has been identified, you should revise the original decision by making a fresh decision.
8652In the case of a community care grant or crisis loan the review decision must include:
- a copy of an accurate account of the interview
- an explanation that an interview was declined, or the applicant failed to attend an interview - whichever is appropriate.
Failure to attend/take part in an interview 8653Care should be taken when deciding to make a new determination where the applicant has failed to attend or failed to take part in an interview offered. The fact that the applicant did not answer their telephone or were not in the office at the appointed time is not a reason to go ahead and make a new determination.
8654The applicant may have simply not received the appointment letter, it may have been delivered to the wrong address or might not have been delivered on time, or they were late getting home/to the office.
8655Every effort should be made to give the applicant the opportunity of putting their case. It would be particularly important, for example, to consider offering a further interview or contacting the applicant by letter or phone, where the original decision was based on evidence that the applicant was unaware of.
Applicant contacts District about review decisionApplicant telephones or calls at office 8656If the applicant telephones or calls in person to query the Reviewing Officer's decision, a member of the Social Fund staff should explain the reasons for the decision. If the applicant is dissatisfied with the explanation, the applicant should be advised:
- of the Social Fund Inspector (SFI) review procedure and time limit
- to put in writing any application for SFI review and the reasons for the application
- to send the SFI review application to the Office of the Social Fund Commissioner
Recording details of applicant's phone call or visit 8657Record on a form A169 details of the phone call or visit. Tag the form A169 to the SF papers relating to the decision being questioned. File the papers in the SF wallet.
8658-8699
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