Commentary on Sections Part 3 - Regulation of Health and Adult Social Care Services Applications for Financial Assistance Section 136 - Applications
953.This section provides for the process by which a special administrator can make an application for financial assistance from Monitor.
954.Subsection (2) enables Monitor to specify the form of the application and the supporting evidence required. Monitor is required to either grant or refuse the application.
955.Subsection (3) requires that Monitor notifies a successful applicant of the purpose for which the financial assistance must be used, and the conditions attached, and subsection (4) requires that the special administrator may not use the assistance for any other purpose and must observe the conditions.
956.Subsection (6) obliges Monitor to notify an unsuccessful applicant of its reasons for refusing an application. If a special administrator requests a reconsideration of any refusal, Monitor must reconsider it and may request information from the applicant for that purpose. Any reconsideration must be carried out by individuals other than those who made the original decision to refuse the application (subsection (7)).
957.Subsection (9) provides that following reconsideration of an application, Monitor must notify the applicant of its decision and successful applicants must be notified of the purpose of the assistance and any conditions attached to it. Where the applicant is unsuccessful Monitor must give reasons for the refusal.
958.Financial assistance can be provided only during the period during which a provider was in special administration, however, it could be for a shorter time than the entire period (subsection (5)).