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The applicant's rights
The applicant has the right to ask for an independent review
of the decision on an application to the discretionary Social
Fund if:
- he has had a decision about his Social
Fund application; and
- that decision has been looked at again;
and
- he is still not satisfied with it.
An independent Social Fund Inspector
will carry out the review. The Inspectors are not part of
the Department of Social Development (Department of Social
Services in Great Britain) or the Social Security Agency
(Benefits Agency in Great Britain).
What the
Inspector can review
Social Fund Inspectors can review decisions about:
- community care grants
- budgeting loans
- crisis loans
- overpayments from the Social Fund.
What the Inspector cannot review
Social Fund Inspectors cannot review decisions about:
- maternity payments
- funeral payments
- cold weather payments
- the rate at which the applicant repays
a Social Fund loan.
How and when to ask for a review
A review must be requested within 28 days of the decision.
The Inspector can allow more time if there are special reasons.
An application for review by Social Fund
Inspector must be made in writing and sent to the applicant's
local Social Security Agency (Benefits Agency for applicants
living in Great Britain). The application should say that
the applicant wants an Inspector to review the decision.
It should also say why the applicant wants a review and
the request must be signed.
A friend or advisor can ask for a review
on behalf of the applicant. If the applicant wants this
to happen, he must say so in writing. The friend or advisor
should ask for the review in the way described above.
When the Agency receives an application
for an independent review it sends this to the Inspector.
It also sends the Inspector all the papers about the relevant
Social Fund application.
What the
review involves
The applicant will not usually be asked to go to a hearing.
The independent Inspector will look carefully at:
- what the applicant says about his
application
- how the decision was made
- the reasons for the decision.
The Inspector will decide:
- whether the Agency's decision was
reached correctly; and
- whether it was the right one in all
the circumstances of the case.
If there is anything wrong with the decision, the Inspector
can change it. The Inspector will give reasons for whatever
he or she decides.
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