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| Reviews of decisions. |
38. - (1) An appropriate officer-
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(a) shall review a social fund determination, if an application for a review is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates; and |
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(b) may review such a determination in such other circumstances as he thinks fit. |
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(2) The power to review a social fund determination conferred by subsection (1) above includes power to review a determination made on a previous review.
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(3) A social fund determination which has been reviewed under subsection (1) above shall be further reviewed by a social fund inspector if an application is made, within such time and in such form and manner as may be prescribed, by or on behalf of the person who applied for the payment to which the determination relates.
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(4) On a review under subsection (3) above a social fund inspector shall have the following powers-
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(a) power to confirm the determination made by the appropriate officer; |
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(b) power to make any determination which an appropriate officer could have made; |
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(c) power to refer the matter to such an officer for determination. |
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(5) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.
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(6) In making a determination on a review an appropriate officer or a social fund inspector shall-
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(a) subject to paragraphs (b) and (c) below, have regard to whichever of the following are applicable, namely- |
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(i) all the circumstances of the case and, in particular, the criteria specified in paragraphs (a) to (e) of subsection (1) of section 140 of the Contributions and Benefits Act;
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(ii) the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and
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(iii) the criterion specified in directions issued by the Secretary of State under that subsection and the criteria mentioned in paragraph (b) of that subsection;
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(b) act in accordance with any general directions issued by the Secretary of State under subsection (2) of that section, and any general directions issued by him with regard to reviews; and |
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(c) take account of any general guidance issued by the Secretary of State under that subsection or with regard to reviews. |
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(7) Directions under this section may specify-
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(a) the circumstances in which a social fund determination is to be reviewed; and |
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(b) the manner in which a review is to be conducted. |
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(8) In making a determination on a review an appropriate officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the appropriate officer nominated for his area under section 36(2) above.
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(9) A social fund inspector reviewing a social fund determination shall be under the same duties in relation to such guidance as the appropriate officer or social fund inspector who made the determination.
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(10) In this section "social fund determination" means a determination made under the Contributions and Benefits Act by an appropriate officer.
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Supplemental |
| Interpretation etc. of Chapter II. |
39. - (1) In this Chapter-
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"appeal tribunal" means an appeal tribunal constituted under Chapter I of this Part; |
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"Commissioner" means the Chief Social Security Commissioner or any other Social Security Commissioner, and includes a tribunal of three or more Commissioners constituted under section 17(7) above; |
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"relevant benefit" has the meaning given by section 9(3) above. |
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(2) Expressions used in this Chapter to which a meaning is assigned by section 191 of the Administration Act have that meaning in this Chapter.
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(3) Part II of the Administration Act, which is superseded by the foregoing provisions of this Chapter, shall cease to have effect.
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