Departments Directions Social Fund GuidePart 7 - Reviews by Social Fund Inspectors
Overpayments out of Social Fund10400The Department's directions and guidance to Social Fund Inspector's (SFI's) on overpayments out of the Social Fund are given in this section.
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10420Article 71 of the Social Security (Northern Ireland) Order 1998 (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 recipient's misrepresentation or failure to disclose any material fact where there has been a determination to that effect.
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Powers under which SFI conduct reviews of overpayment determinations 10440Under section 38(3) and (9) of the Social Security (Northern Ireland) Order 1998, SFIs must, when the applicant applies for review of an overpayment determination in the time, form and manner prescribed by the Social Fund (Application for Review) Regulations (Northern Ireland) 1988, further review a Decision Maker's (DM's) overpayment determination which has been reviewed by a Review Officer (RO).
10441The SFI is only empowered to review an overpayment determination made by a DM or (under section 38(5) of the Social Security (Northern Ireland) Order 1998) by another SFI. The SFI has no power to review decisions relating to the method or rate of recovery of overpayments made on behalf of the Department pursuant to section 69ZA of the Social Security Administration (Northern Ireland) Act 1992 (as inserted by Article 71 of the Order).
10442In reviewing an overpayment determination, the SFI is, by virtue of section 38(8) of the Social Security (Northern Ireland) Order 1998, bound by the law and general directions issued by the Department with regards to overpayment determinations. SFIs must also take account of any general guidance on overpayment determinations issued by the Department.
10443Under section 38(6)(b) of the Social Security (Northern Ireland) Order 1998, the only questions which the SFI need consider are whether:
- any person misrepresented or failed to disclose a material fact
- any, and if so what, amount is recoverable by the Department as a consequence of the misrepresentation or failure
10444Under section 38(4)(a) -(c) of the Social Security (Northern Ireland) Order 1998, the SFI can:
- confirm the DM's decision :or
- make any determination which a DM could have made: or
- refer the matter back to the DM for determination
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