ABSTRACT

Powers of discretion appear to conflict with the traditional view of bureaucracy, propounded by Weber and subsequently refined by Merton. Administrative discretion exists in a state of permanent and not unhealthy tension with its opposite, precisely prescribed rules. Discretionary decisions are those which are based on a judgement of a particular situation, not upon predetermined rules. Discretion may be exercised positively or negatively: that is to say, it may result in the claimant receiving more or less money. Positive discretion permits flexibility, allows for the possibility of essential requirements that are not met by the fixed scale rates. Negative discretion is in the main concerned with the control of abuse and is essentially the power to delay, refuse or withdraw payment or to give less than usual to prevent exploitation of this scheme. Negative discretion is also fairly extensive at local office level and is most often applied to unemployed men and separated wives.