s.18Reconsideration of decision
18
Section 18Part 3 — FINANCIAL ASSISTANCE

Reconsideration of decision

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The Director, when notifying an applicant or a recipient of a decision made in relation to the applicant or recipient under this Act, shall, in such notice, advise the applicant or the recipient of the right to apply for a reconsideration of the decision in relation to —
the amount of financial assistance, except where the amount of the financial assistance is a fixed prescribed amount, in which case a reconsideration may only be requested in relation to those matters in paragraphs (b) to (h);
the duration of the financial assistance;
the conditions attached to the financial assistance;
the refusal of an application for financial assistance;
the suspension of the financial assistance;
the revocation of the financial assistance;
the variation of the financial assistance; or
the recovery of money overpaid or improperly paid under a payment of financial assistance.
An applicant or a recipient who is aggrieved by a decision of the Director under subsection (1) may apply in the prescribed manner to the Director for a reconsideration of the decision.
An applicant or a recipient who is aggrieved by a decision of the Director shall, subject to subsection (4), make an application under subsection (2) within twenty-one working days after the date on which notice of the relevant decision is given to the applicant or the recipient.
The Director may accept a late application for a reconsideration of a decision no later than three months after the date on which notice of the relevant decision was given to the applicant or the recipient, where the Director is satisfied that exceptional circumstances prevented the application for a reconsideration of a decision from being made within the period referred to in subsection (3).
A failure by the Director to advise an applicant or a recipient of the right to seek reconsideration of a decision does not of itself establish exceptional circumstances for the purposes of subsection (4).
The Director may refuse to reconsider a decision where the Director has already reconsidered that decision or a decision relating to substantially the same issue.
The Director, within twenty-one working days of receiving an application for a reconsideration of a decision, shall provide to the aggrieved applicant or recipient —
the Director's decision, in writing, based on the reconsideration; or
a notice, in writing, of the Director's refusal to reconsider.
An applicant or a recipient shall not appeal to the Appeals Tribunal against a decision of the Director unless the applicant or the recipient has first sought a reconsideration of that decision under this section and —
obtained, in writing, a decision based on the reconsideration of that decision; or
has been notified, in writing, by the Director of the Director's refusal to reconsider that decision.

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