the local Social Fund Office will not accept faxed reviews (though the SFI will). We contend that they should be accepted.

We faxed a review off and sent a copy of it direct with about 4 days to spare for the deadline.

Apparently the paper review did not get there in time (we don't know if this is just because it took a while to be dealt with by the mail opening centre or jsut because it took a while in the post).

If we argue that the review was in time can we take the case to the SFI?

The legislation (SSA 98 s. 38(3)) says
"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."

Can a refual to consider a review be considered, in itself, a review?

I've had similiar cases in the past and suggest sending the further review to the IRS with a covering letter explaining the JC position. If they can't deal with it themselves they will probably contact the SF office and ask them to carry out the first-tier review.

To my knowledge, there is no provision for refusing to accept a faxed request and there is probably a whole bunch of CD's that confirm that.

I complaint might also be in order...