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Departments Directions Social Fund Guide

Part 6 - Reviews

Direction 46, Manner in which a review of an overpayment determination is to be conducted

9200When you have re-examined the overpayment determination to see if it was made properly, reconsider the determination:
  • with regard to the facts and circumstances of the misrepresentation or non disclosure
  • with regard to any new evidence or other factors raised by the application for review
  • asking for further information if necessary
  • applying the law and directions and taking account of guidance and bearing in mind the need to correct any errors that may have occurred.
9201-9249

Direction 47 - Action following the Reviewing Officer's review

9250After making a new determination in accordance with Direction 46, 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).
9251-9269

Withdrawal of application for review

9270If the applicant decides to withdraw the application for review of the overpayment decision, the recovery of the sum overpaid will proceed without further review action.
9271-9299

Direction 48 - SFI refers the matter back to the Reviewing Officer for determination

9300The SFI will indicate why they cannot confirm the Reviewing Officer's decision  e.g. that the law and directions had not been applied properly. The Reviewing Officer should consider whether any more information or evidence should be sought before conducting a fresh overpayment determination.
9301The Reviewing Officer's new determination:
  • is made in the light of comments from the SFI
  • should take full account of the points raised by the SFI
9302-9999
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