The Social Security (Northern Ireland) Order 1998

Reviews of social fund determinations N.I.

7.  In relation to any time before the coming into operation of Article 38, section 64 of the Administration Act (reviews) shall have effect as if— N.I.

(a) after paragraph (a) of subsection (1) there were inserted the following paragraph—

“(aa) may review such a determination on the ground that the person who applied for the payment to which the determination relates misrepresented, or failed to disclose, any material fact; and” ;

(b) after subsection (5) there were inserted the following subsection—

“(5A) In making a determination on a review a social fund officer or a social fund inspector need not consider—

(a) in the case of a determination on a review under subsection (1)(a) above, any issue that is not raised by the application;

(b) in the case of a determination on a review under subsection (1)(aa) above, any issue that is not raised by the material fact;

(c) in the case of a determination on a review under subsection (1)(b) above, any issue that did not cause him to carry out the review.” ;

(c) for subsection (6) there were substituted the following subsection—

“(6) In determining a question on a review under subsection (1)(a) or (b) above a social fund officer or social fund inspector shall, subject to subsection (7) below, have regard to whichever of the following are applicable, namely—

(a) all the circumstances of the case and, in particular, the criteria specified in paragraphs (a) to (e) of subsection (1) of section 136 of the Contributions and Benefits Act;

(b) the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and

(c) the criterion specified in directions issued by the Department under that subsection and the criteria mentioned in paragraph (b) of that subsection.” ;

(d) in subsection (7) of that section, after the word “review” there were inserted the words “under subsection (1)(a) or (b) above”;

(e) after that subsection there were inserted the following subsections—

“(7A) In making a determination on a review under subsection (1)(aa) above a social fund officer or a social fund inspector shall—

(a) act in accordance with any general directions issued by the Department; and

(b) take account of any general guidance issued by the Department.

(7B) Any reference in subsection (5A), (6), (7) or (7A) above to a determination on a review under a particular provisionof subsection(1) above shall be construed, inrelationtoa social fund inspector, as a reference to a determination on a further review of a determination which has been reviewed under that provision.” ;

(f) in subsection (9), for the words “this section”, in the first place where they occur, there were substituted the words “subsection (1)(a) or (b) above”; and

(g) in subsection (10), after the word “determination”, in the first place where it occurs, there were inserted the words “which has been reviewed under subsection (1)(a) or (b) above”.