Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008 and shall come into force on 1st October 2008.

(2) In these Regulations–

"the Act" means the Social Security Contributions and Benefits Act 1992(3);

"applicant" means the person by or on behalf of whom the application for a section 138(1)(b) payment is made;

"section 138(1)(b) payment" means a payment out of the social fund under section 138(1)(b) of the Act (payment to meet needs other than in prescribed circumstances).

Form and manner in which an application is to be made

2.–(1) An application for a payment by way of community care grant or budgeting loan under section 138(1)(b) of the Act must be made in writing–

(a) on a form approved by the Secretary of State and completed in accordance with the instructions on that form; or

(b) in such other manner as the Secretary of State may accept as sufficient in any particular case.

(2) Subject to paragraph (3), an application for a payment by way of crisis loan under section 138(1)(b) of the Act need not be made in writing.

(3) An application for a crisis loan must be made in writing where the Secretary of State so requires in any particular case, and the provisions of paragraph (1) and regulation 3 will then apply to that application as they apply to an application for a community care grant or budgeting loan.

Written applications

3.–(1) This regulation applies to applications for section 138(1)(b) payments which must be made in writing.

(2) Forms of application for section 138(1)(b) payments are to be supplied, without charge, by persons appointed or authorised for that purpose by the Secretary of State.

(3) Every application must be delivered or sent to an office of the Department for Work and Pensions.

(4) Where the applicant has not provided sufficient particulars to enable any material question to be determined, the Secretary of State may request him to provide (in writing, by attendance at an office of the Department for Work and Pensions or by other reasonable means) such further particulars as may reasonably be required to determine the application.

(5) Where an application has been submitted using an approved form and it appears to the Secretary of State that the application has not been completed in accordance with the instructions given on the form, the Secretary of State may return the form to the applicant for proper completion.

Crisis loan application not made in writing

4.–(1) This regulation applies to an application for a crisis loan which is not made in writing.

(2) Where the applicant has not provided sufficient particulars to enable any material question to be determined, the Secretary of State may request him to provide such further particulars as may reasonably be required to determine the application.

Consent where application is made on behalf of someone else

5.–(1) Where an application for a section 138(1)(b) payment is to be made on behalf of one person ("A") by another person ("B"), A must give his consent to the application being made on his behalf unless B is a person appointed by the Secretary of State under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987(4) to act on A´s behalf.

(2) Consent must be in writing except where the application is for a crisis loan which is not made in writing.

Time at which an application is to be treated as made

6.–(1) This regulation specifies when an application for a section 138(1)(b) payment is to be treated as made.

(2) In the case of–

(a) an application which meets the requirements of regulation 2(1) or (3); or

(b) an application for a crisis loan not made in writing in respect of which the Secretary of State does not request further particulars,

it is the date on which the application is received in an office of the Department for Work and Pensions.

(3) In the case of an application to which paragraph (4) applies, it is the date on which the application was first received in an office of the Department for Work and Pensions.

(4) This paragraph applies in the case of–

(a) an application in writing which does not meet the requirements of regulation 2(1) or (3), or

(b) an application for a crisis loan not made in writing in respect of which the Secretary of State requests further particulars,

where the applicant complies with the requirements of the Secretary of State under regulation 3(4) or (5) or 4(2).

Conditions to be satisfied before payment of a repayable social fund award

7.–(1) In this regulation "section 139 notification" means the notification given by the Secretary of State, under section 139(4) of the Act, of the terms and conditions on which an award of a crisis loan or budgeting loan is repayable.

(2) Where an application for a crisis loan is not made in writing, before an award is paid the applicant must provide satisfactory evidence of his identity.

(3) Before an award of a crisis loan or a budgeting loan is paid, the applicant must inform the Secretary of State that he agrees to the terms and conditions contained in the section 139 notification, and (subject to paragraph (4)) he must do so in writing.

(4) In the case of a crisis loan, the applicant need not inform the Secretary of State in writing if the application for the loan was not made in writing.

(5) The applicant must inform the Secretary of State of his agreement to the terms and conditions contained in the section 139 notification within the period of 14 days beginning with the date on which the Secretary of State notified them to the applicant.

(6) The Secretary of State may extend the time specified in paragraph (5) where he is satisfied that special reasons apply, even if it has already expired.

Circumstances in which an award is to be extinguished

8. An award of a section 138(1)(b) payment becomes extinguished where–

(a) the applicant fails to satisfy the condition in paragraph (3) of regulation 7 within the time referred to in paragraph (5) or (6) of that regulation; or

(b) in a case where the Secretary of State has issued an instrument of payment in respect of the award, that instrument is not presented for payment within the period of 12 months beginning with the date of its issue.

Revocations

9. The following Regulations are revoked–

(a) the Social Fund (Applications) Regulations 1988(5);

(b) the Social Fund (Miscellaneous Provisions) Regulations 1990(6); and

(c) the Social Fund (Miscellaneous Amendments) Regulations 2002(7).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate and recast, with the amendments referred to below, the provisions of the Social Fund (Applications) Regulations 1988 ("the 1988 Regulations") and the Social Fund (Miscellaneous Provisions) Regulations 1990 ("the 1990 Regulations").

Regulations 2 to 4 set out the manner and form in which applications are to be made for payments by way of community care grant, crisis loan or budgeting loan out of the social fund under section 138(1)(b) the Social Security Contributions and Benefits Act 1992. Under the 1988 Regulations, where a person applied for a crisis loan by telephone and a determination to make an award was given subsequently, the applicant was required to confirm in writing that there had been no changes to the particulars supporting the application and that those particulars were correct. The requirement has been removed.

Regulation 5 provides for a person´s consent to be given where someone else is making the application on his behalf.

Regulation 6 sets out when an application for a community care grant, crisis loan or budgeting loan is treated as having been made.

Regulation 7 specifies conditions which must be satisfied before payments of crisis loans or budgeting loans are made. The change from the 1990 Regulations is that, in the case of a crisis loan, the applicant need not inform the Secretary of State in writing that he or she agrees to the repayment terms and conditions if the application for the loan was not made in writing.

Regulation 8 specifies circumstances in which an award of a community care grant, crisis loan or budgeting loan becomes extinguished.

Regulation 9 revokes the 1988 and 1990 Regulations and a Statutory Instrument which amended the 1988 Regulations.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.