The OSFC Review
The applicant's rights
The applicant has the right to ask for an independent review of the decision on an application to the Social Fund if:
- he/she has had a decision about a Social Fund application and
- that decision has been looked at again by a Reviewing Officer and
- he/she is still not satisfied with it.
An independent Social Fund Inspector will carry out a review. The Inspectors are not part of the Department of Social Development (DSD) or the Social Security Agency (SSA).
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 Reviewing Officer's decision. The Inspector can allow more time if there are special reasons.
An application for a review by a Social Fund Inspector must be made in writing and should be sent to the Office of the Social Fund Commissioner (OSFC) or to the applicant's local SSA office. The applicant should say that they want an Inspector to review the decision. They should also say why they want a review and the request must be signed.
The applicant can ask for someone else to act on their behalf. They must confirm this in writing. The representative will then apply as described above.
What happens next
If the applicant applies directly to the OSFC for a review, the OSFC will ask the SSA for all the relevant papers.
If the applicant applies directly to the SSA, the SSA will send all the relevant papers to the OSFC.
What the review involves
The independent Inspector will look carefully at:
- what the applicant says about his/her application
- how the decision was made
- the reasons for the decision
The Inspector will then usually write to the applicant or their representative to obtain further information.
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. Decisions cannot be given over the phone.
