Departments Directions Social Fund GuidePart 7 - Reviews by Social Fund Inspectors
SFI determines a BL application SFI Direction 1 - The role of the Social Fund Inspector (SFI)reviews: Community Care Grant (CCG) and Crisis Loan (CL) determinations SFI Direction 1
First stage: Community Care Grant (CCG) and Crisis Loan (CL) determinations
10150The first stage of the Social Fund Inspector (SFI) review of a CCG or CL determination is to consider if the determination under review was made correctly. The factors in Direction 1 will help the SFI to decide if the determination was both legally sustainable and made in accordance with the correct procedure.
10151The first stage of the SFI's review should take place on the basis of the circumstances at the time the original decision was given, together with any relevant changes in circumstances before the Review Officer (RO).
10152-10199
SFI Direction 2 - Social Fund Inspector (SFI) reviews: Community Care Grant (CCG) and Crisis Loan (CL) determinationsSFI Direction 2
Second stage: Community Care Grant (CCG) and Crisis Loan (CL) determinations.
10200If the Social Fund Inspector (SFI) is satisfied that the decision on a CCG or CL application was both legally sustainable and made in accordance with the correct procedure, he or she should then look at the merits of the decision having full regard to any new evidence and any relevant change in circumstances. The SFI should consider if, taking into account all the circumstances, the Review Officer's (RO's) conclusion is one they agree with.
10201This does not mean that the SFI should reject a determination simply because it is not exactly the one they would have made. The SFI should however, be satisfied that the determination is one that can be adjudged to be right in the circumstances of the case before confirming it.
10202Not all changes in circumstances will be relevant to the application or will have a material effect on the CCG or CL determination. The SFI will need to consider any change in circumstances brought to his attention, including, for example, changes in the relevant allocation or affecting the applicant's need for the item applied for.
10203If the SFI is unable to confirm the reviewing officer's determination because it does not comply with either Direction 1 or 2, they will need to decide whether the matter should be dealt with by substituting their own determination or by referring the case back to the RO via the EO1(SF) to be determined afresh.
10204-10249
SFI Direction 3 - The role of the Social Fund Inspector (SFI) reviews: Budgeting Loan (BL) determinationsSFI Direction 3
First stage: Budgeting Loan (BL) determinations
10250The first stage of the Social Fund Inspector's (SFI's) review is to consider if the BL determination under review was both legally sustainable and made in accordance with the correct procedure. The factors in Direction 3 will help the SFI to decide if the determination was both legally sustainable and made in accordance with the correct procedure.
10251The first stage of the SFI's review should take place on the basis of:
- all the relevant circumstances of the case, including the correct treatment of the personal circumstances specified in the relevant directions as applied to the applicant as at the date on which the original determination was made; and
- whether the RO had regard to the relevant allocation in accordance with Direction 4 by applying the baseline figure current at the date of the review determination.
10252-10299
SFI Direction 4 - Social Fund Inspector (SFI) review: Budgeting Loan (BL) determinations SFI Direction 4
Second stage: Budgeting Loan (BL) determinations.
10300If the Social Fund Inspector (SFI) is satisfied that the decision on the BL application was both legally sustainable and made in accordance with the correct procedure, they should then 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 new evidence which confirms the applicant's personal circumstances existing at the time 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
10301In arriving at the maximum amount available to a budgeting loan applicant, the SFI is to apply the baseline figure current at the date of his review determination.
10302If the SFI is unable to confirm the reviewing officer's determination because it falls at either of the Directions 3 and 4, they will need to decide whether the matter should be dealt with by substituting their own determination or by referring the case back to the RO via the EO1(SF) to be determined afresh.
10303-10319
SFI substitutes a determination10320There will be cases where, in the SFI's opinion, it is not appropriate to refer the case back for redetermination. If the SFI decides to determine the case, they should first ensure that all the relevant information is available to enable a decision to be given.
10321The SFI might decide to substitute a determination for that of the reviewing officer if:
- there is any indication that the decision was not impartial, or there was prejudice or bias
- the case is urgent or delays have occurred and the SFI adjudges that the interests of justice would be served by a speedy conclusion
- the required procedural steps were not followed in the determination under review, but the SFI is satisfied that there could be no material change in the outcome of the case and the applicant should know the result quickly
- the case has been referred to the SFI a second time, the SFI is unable to confirm the RO's redetermination, and considers it expedient that a final decision is given
There may be other reasons for the SFI to substitute a decision.
10322-10339
SFI determines a Community Care Grant (CCG) or Crisis Loan (CL) application 10340If the SFI determines a CCG or CL application, he or she will do so in accordance with section 38(7)(a)(i) of the Social Security (Northern Ireland) Order 1998. The SFI, in making the decision, should have regard to all the circumstances at the time, including any revealed by new evidence or affected by changes in circumstances.
SFI determines a Budgeting Loan (BL) application
10341If the SFI determines a BL application, he or she will do so in accordance with section 38(7)(a)(ii) and (iii) of the Social Security (Northern Ireland) Order 1998. The SFI, in making the determination should have regard to:
- all the relevant circumstances of the case including, the correct information about such of the personal circumstances specified in the relevant directions as applied to the applicant at the date on which the original determination was made.
- the relevant allocation ("the national loans budget") by applying the baseline figure issued by the Department and current at the date of the SFI's review.
- 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
10342-10359
Cases referred back for redetermination 10360If they decide to refer the case back for redetermination, the SFI should give detailed reasons for the decision. They will identify defects in the District decision process and give clear reasons for referring the case.
10361In referring the case back for redetermination, the SFI might give one or more reasons, e.g.:
- the evidence in the case does not support the decision given
- the decision is based on irrelevant considerations
- the law or directions have been interpreted or applied incorrectly
- insufficient weight has been given to relevant considerations
- the decision is unreasonable or irrational
- the determination, in a CCG or CL case, is not the correct one in the circumstances of the case
The SFI may give other reasons for referring the case back.
10362If the applicant remains dissatisfied, they may again apply to have the determination reviewed by a SFI.
10363-10399
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