1 / 31

Scottish Welfare Fund For Second-tier Review Panels

Scottish Welfare Fund For Second-tier Review Panels. Aims Of The Course. To know the process for review To understand the role of the review panel To understand the approach to decision making To explore some issues likely to arise

moya
Download Presentation

Scottish Welfare Fund For Second-tier Review Panels

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Scottish Welfare FundFor Second-tier Review Panels

  2. Aims Of The Course • To know the process for review • To understand the role of the review panel • To understand the approach to decision making • To explore some issues likely to arise • To gain an overview of Scottish Welfare Fund grant conditions

  3. Review Process Overview Applicant unhappy with customer service Decision Applicant unhappy with decision First-tier review Scottish Public Sector Ombudsman Local authority complaints procedure Second-tier review Judicialreview

  4. First-tier Review A different decision maker makes a new decision looking at all the evidence afresh NEW DECISION This replaces the original decision Applicant may ask for review of first-tier review because of • Mistake in applying guidance (eg, eligibility, qualifying criteria, priority, grant amount, evidence gathered) • Decision unreasonable • Application treated unfairly • Not given chance to put case properly

  5. Purpose of Second-tier Review • Ensure correct, reasonable and fair decisions are being made and guidance followed • Check guidance is being applied consistently • Provide feedback on unintended consequences of Guidance & local policies • Promote confidence in the Fund, demonstrate impartial scrutiny & add credibility to the Fund as a whole SWF Guide para 11.9

  6. Is Decision Correct, Reasonable and Fair? Step 1 Can you deal with it? (remit) Step 2 Is there an error in the decision or is it unreasonable or unfair? NO YES Tell applicant (in writing) Give reasons Feedback to decision maker Record decision Step 3 Refer back to decision maker or remake

  7. General Approach For each stage of decision making ask yourself these questions • Was guidance and local policy followed correctly? • Was relevant information considered and irrelevant information disregarded (eg, no bias)? • Was evidence weighed correctly? • Was there enough evidence to decide the facts • Did applicant have a reasonable chance to put their case? • Did decision maker exercise discretion, and make informed decision based on merits (eg, and not on rule of thumb)? IS DECISION REASONABLE?

  8. Is Decision Reasonable? Could a reasonable person • who knows the guidance and • who knows the facts have reached this decision • Another reasonable person could disagree • But should not offend logic or good sense

  9. Facts and Evidence • Relevant facts are needed for each stage of decision making • Need to look at evidence to establish the facts • Some evidence has greater weight • Balance of probability • Some issues • Lack of evidence • Inconsistencies • Mental ill health • Corroboration • Previous applications

  10. Stages of Decision Making Stage 1 Are they eligible Repeat applications/ exclusions/ qualifying benefit Stage 2 Do they qualify Do personal/ family circumstances meet the criteria in guidance Stage 3 Are they a priority High, medium or low given nature, extent, severity and urgency of need, vulnerability Stage 4 Is there money in the budget

  11. Stage 1 Eligibility ID/home address Repeat applications 3 per 12 months 28 day rule Other resources eg savings or STBA Exclusions Excluded items/ needs eg phone Benefit sanctions Qualifying benefit Stage 2 Qualifying conditions Immediate living expenses because of emergency Items or living expensesbecause of disaster Crisis Grant

  12. Crisis Grant Stage 1 EligibilityRepeat Applications

  13. Crisis Grant Stage 1 EligibilityExclusions

  14. Crisis Grant Stage 1 EligibilityQualifying Benefits

  15. Crisis Grant Stage 2 Qualifying Conditions Immediate short-term living expenses needed because of an emergency • ‘Emergency’ = circumstance of pressing need which needs immediate action • Eg, losing money or having money stolen, having had to leave home suddenly Items or living expenses needed because of a disaster • ‘Disaster’ = event of great or sudden misfortune, usually causing damage to, destruction or loss of, possessions or property • Eg, serious flood or fire

  16. Stage 1 Eligibility ID/home address Repeat applications 28 day rule Exclusions Excluded living arrangements Excluded items/ needs Capital limit Benefit sanctions Qualifying benefit Stage 2 Qualifying conditions Moving out of care Staying in community Setting up home after unsettled way of life Families under exceptional pressure Caring for prisoner on release on temporary licence Community Care Grant

  17. CCG Stage 1 EligibilityRepeat Applications

  18. CCG Stage 1 EligibilityExclusions

  19. CCG Stage 1 EligibilityQualifying Benefits

  20. CCG Stage 2 Qualifying Conditions

  21. Stage 3 Assessing Priority

  22. Assessing PriorityPossible Issues • Whether DM has exercised discretion reasonably • Whether DM has wrongly used a rule of thumb or list – emphasis should not be on the general importance of an item (which would apply to anyone) but on the impact an award for the item may have on the applicant’s particular circumstances that led to qualifying for a grant

  23. What Level of Grant • Amount discretionary but should meet the need • For crisis grant, max based on % of income support • Can award goods or vouchers instead of cash Possible issues • Applicant prefers cash not voucher/ goods • Amount not enough to meet the need • Objection to referral to foodbank • Food vouchers by default (rather than because right option for applicant) • Standard item not appropriate for applicant’s needs

  24. Communicating Original and First-tier Decision • Time limits • Crisis grants as soon as possible 2 days maximum • CCGs 15 working days • Method • By phone for crisis grant if possible (Always follow up in writing) • Advice on other support • Eg, debt advice, benefit check Possible Issues • No written decision • No clear explanation of reasons for decision • Inadequate information about right to review

  25. Panel Decisions Panel CANNOT reduce or remove an award

  26. Changes of Circumstances • If likely to affect outcome of review then review suspended • DM makes new decision (no first-tier review recorded) • Applicant can request review • Then request second-tier review • If there is an unrelated change of circumstances, applicant must re-apply

  27. Processes – Time Limits Second-tier review • Time limit to apply • 20 working days from first-tier review decision • Time to decide • 5 working days CG • 30 working days CCG

  28. Composition of Panel • Minimum of two people (one for crisis grants) • And someone to keep record of proceedings • Can include • other local authority staff • elected members • members of local third sector organisations • members of other Local Authorities

  29. Procedure • Paper-based – applicant and DM do not attend • Can be held electronically (eg teleconferencing) • Panel can contact applicant and DM if necessary • Chair elected by panel, manages meeting, checks record of proceedings and has casting vote

  30. Supporting The Applicant Applicants should be • notified of the date and time of the review • given the opportunity to submit additional evidence • given sight of all evidence and information which will be before the panel • offered the chance to provide a phone number so that the panel can contact them (panel can use other means if applicant can’t use phone) • given as much information as possible throughout about their review

  31. Monitoring And Policy Feedback to Scottish Government will include: • Reports on numbers of reviews – numbers and reasons reviews are sought • Discussions with decision makers and review officers – giving feedback • Sampling of paperwork for reviews. • Development of the Decision Makers Guide and relevant case studies.

More Related