Circumstances conspire against me today... Second attempt at posting this:


Cold weather payment. Client been refused CWP and told there is no right of appeal. the CPAG handbook says there is, but does not provide a reference.

Can anyone clarify this for me please and provide a reference? I've looked at s.12 SSA 98 and the relevant regs in the D+A regs and the schedules to both the act and regs and cannot find any reference to the social fund in either appealable or non-appealable decisions.

CWP are part of the regulated social fund so I think there is a right of appeal, but I'd really like to provide a reference to my client, and thus far - it alludes me!!

I feel sure I'm missing the obvious.

Thanks,

If you have a copy of the latest edition of Social Security Legislation Vol II (Wood, Poynter, Wikeley and Bonner) take a look at the General Notes to SSCBA 1992 s 138 (ref 1.72 on page 20), and Social Fund Cold Weather Payments (General) Regulations 1988, last paragraph of ref 5.1 (page 1247).

Thanks very much for this Ruth - very much appreciated. And coming back this morning with a clear head, I went straight to s.8 SSA 1998 and there it is:

8.(1)...it shall be for the SoS
(b) to decide any claim for a social fund payment...

and s.12 provides the right of appeal against s. 8 decisions.

Sometimes, one just cannot see the wood for the trees.

But I'm glad we got this sorted - our waiting room is heaving!!

I hope that everyone gets at least a few mintues to enjoy the sunny weather today.