Departments Directions Social Fund Guide

Part 6 - Reviews

Direction 37 - Withdrawal of application for review
Direction 31 - Circumstances in which a determination is to be reviewed
Review by Social Fund Inspector
Applicant dissatisfied with reviewing officer's decision
Deciding if an application for SFI review is properly made
Powers of the SFI

Direction 37 - Withdrawal of application for review

8700If the applicant does not respond to enquiries within 7 days or decides to withdraw the review application you must , continue with the review and issue a decision.

8701Where the applicant asks for his review application to be withdrawn, you should consider whether this is appropriate. In some circumstances it would not be appropriate to accept the request to withdraw e.g. if the original decision appears to have been based on a mistake of law or was made in ignorance of a material fact, you would have the duty under – Direction 31 to conduct a review

8702-8738

Direction 31 - Circumstances in which a determination is to be reviewed

Direction 31

8739The term 'Reviewing Officer' (RO) in – Directions 32 to – 39 means any Decision Maker (DM), other than the DM who made the original determination, or a RO who is conducting a review in a particular case. However the RO will not necessarily be the person who conducts the interview.

8740A review of a determination may be initiated other than by an application for review by the applicant. Where there appears to have been an error of fact or law, then the RO must conduct a review. It may also be reasonable to review the determination if other circumstances apply.

8741If representations have been made to the effect that the determination concerned had been made in ignorance of, or based on a mistake as to, a material fact, the power to review should not be exercised unless it can be shown clearly either that:

not all the relevant facts were considered when the determination was made or
although the relevant facts were considered, not all of them were taken into account fully in making the determination.

8742On receipt of a case the RO should:

follow – Directions 32 and –39
take account of the guidance on – Direction 39

Consideration of previous applications

8743In the course of looking at a previous application, for example when establishing whether Direction 7 has been applied properly, you may note that the determination in relation to it contains an error of fact or law.

8744In cases like this, you should conduct a review not only of the determination made in relation to the current application, but also of that made in relation to the previous application. In the circumstances outlined in para. 83 above, the previous determination must be reviewed.

Reviews under Article 38(1)(c) of the Social Security 1998

8745A review may be initiated under Section 38(1)(c) of the Social Security Act 1998 by:

the Reviewing Officer (RO);
a Decision Maker (DM); or
the applicant

Article 38(1)(c) review initiated by the applicant

8746If the applicant requests the review the RO should:

first consider it in accordance with the requirements of regulations made pursuant to Article 38(1)(a), and
if it does not comply with those requirements, consider whether they may deal with it under Section 38(1)(c) (which affords a wider range of discretion than allowed under– Direction 31

8747The RO should consider if:

any of the circumstances in - Direction 31(1)(a) or (b) apply or
any other circumstances apply which make it reasonable to accept that a review can take place

8748The RO should arrange for the case to be reviewed if they decide that any:

of the circumstances in - Direction 31(1)(a) or (b) apply or
other circumstances apply which could reasonably warrant a review

8749The RO should send letter SF 226(b), if they decide that:

none of the circumstances in - Direction 31(1)(a) or (b) apply and
no other circumstances apply which could justify a review

Review by Social Fund Inspector

Applicant dissatisfied with Reviewing Officer's decision

8750If the applicant is dissatisfied with the Reviewing Officer's (RO'S) decision, they may apply to the Social Fund Inspector SFI for a further review. The Department's directions and guidance on reviews by SFIs appear in Reviews by Social Fund Inspectors.

8751An application for a review by a SFI should be:

made within 28 days of the date of issue of the reviewing officer's decision, although the SFI may extend the time limit if there are special reasons even if the 28 days have already passed
in writing and contain reasons for the application
sent or delivered to the Office of the Social Fund Commissioner (OSFC)
signed by the applicant or appointee or by a third party if the applicant provides their written consent to the application being made on their behalf

8752If a letter regarding a further review, or expressing dissatisfaction with the reviewing officer's decision is received in the office, the RO should follow the procedure in the Review Guide.

8753-8769

Deciding if an application for SFI review is properly made

8770It is for the SFI to decide if an application for SFI review has been made in the correct time, form and manner.

8771If a letter requesting a further review, or expressing dissatisfaction with the RO's decision is received in the office the RO must:

prepare the papers as described in the Review Guide and
send the papers to the OSFC without delay

See the Review Guide for recommended timescales.

8772If the application for SFI review is unsigned, or from a third party and does not contain the applicant's signature, the RO must send it immediately to the IRS with all the appropriate papers. See Review Guide for full details of the forms required.

8773The OSFC will decide whether to accept the application.

8774If the OSFC refuse the application, the papers will be returned to the office for filing. If the applicant's signature or necessary consent is obtained, the OSFC will send a copy to the office with a request for the papers. For further action, see the Review Guide.

8775If the application for SFI review involves a decision in which Direction 7 was considered an issue, i.e. there has been an application for the same item within 28 days, the SFI will need to see the previous application to decide if Direction 7 has been correctly applied on the decision under review. In these cases the RO must send photocopies of the previous application papers to the SFI.

8776The SFI will send copies of all the papers and information relating to the application to the applicant or their representatives.

8777If the papers have not been returned to the office within six weeks the RO must contact the SFI urgently for an explanation.

8778Once an application for review has been lodged with the SFI, the RO should not attempt to further review the decision being considered by the SFI. Notify the OSFC if the: