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The Social Fund (Budgeting Loans) (Applications and Miscellaneous Provisions) Regulations 2015

S.I. 2015/1411 · Made 23 June 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 23rd June 2015

Laid before Parliament 30th June 2015

Coming into force 22nd July 2015

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 12 and 189(1), (4), (5) and (6) of the Social Security Administration Act 1992f1.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to itf2.

Annotations to the whole text

Footnotes

f1

1992 c. 5. Section 12 was repealed by the Welfare Reform Act 2012 (c. 5), Schedule 14, Part 8, subject to the savings provisions set out in article 3 of the Welfare Reform Act 2012 (Commencement No.6 and Savings Provisions) Order 2012 (S.I. 2012/3090) (“the commencement order”). Article 3(1)(a) and (2)(b) provides that section 12 continues to have effect in so far as it relates to budgeting loans. Section 189(1) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Schedule 3, paragraph 57(2) and by the Tax Credits Act 2002 (c. 21), Schedule 6. Section 189(1), (4), (5) and (6) was amended by the Social Security Act 1998 (c. 14), Schedule 7, paragraph 109. Section 191 defines “prescribe” as meaning “prescribe by regulations” and provides that “prescribed” must be construed accordingly.

f2

See sections 170, 172 and 173(1)(b) of the Social Security Administration Act 1992. Amendments not relevant to these Regulations have been made to section 170.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Form and manner in which an application is to be made
  3. 3Written applications
  4. 4Consent where application is made on behalf of someone else
  5. 5Time at which an application is to be treated as made
  6. 6Conditions to be satisfied before payment of a budgeting loan
  7. 7Circumstances in which an award is to be extinguished
  8. 8Revocations
  9. Signature
  10. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Fund (Budgeting Loans) (Applications and Miscellaneous Provisions) Regulations 2015 and shall come into force on 22nd July 2015.

(2)

In these Regulations—

  • “the Act” means the Social Security Contributions and Benefits Act 1992f1;

  • “applicant” means the person by or on behalf of whom the application for a budgeting loan is made; and

  • “budgeting loan” means a payment by way of budgeting loan under section 138(1)(b) of the Act.

2Form and manner in which an application is to be made

An application for a budgeting loan 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.

3Written applications

(1)

Application forms for budgeting loans approved by the Secretary of State for the purposes of regulation 2(a) are to be supplied, without charge, by persons appointed or authorised for that purpose by the Secretary of State.

(2)

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

(3)

Where the applicant has not provided sufficient particulars to enable any material question to be determined, the Secretary of State may request the applicant 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.

(4)

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

4Consent where application is made on behalf of someone else

(1)

Where an application for a budgeting loan is to be made on behalf of one person (“A”) by another person (“B”), B must not make such an application unless—

(a)

A has given consent to the application being made on A’s behalf; or

(b)

B is a person appointed by the Secretary of State under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987f1 to act on A’s behalf.

(2)

Consent must be in writing.

5Time at which an application is to be treated as made

An application for a budgeting loan is to be treated as made on the date on which the application is first received in an office of the Department for Work and Pensions.

6Conditions to be satisfied before payment of a budgeting loan

(1)

Before an award of a budgeting loan is paid the applicant must provide satisfactory evidence of the applicant’s identity.

(2)

Before an award of a budgeting loan is paid the applicant must inform the Secretary of State that the applicant agrees to the terms and conditions notified to the applicant in accordance with section 139(4) of the Act.

(3)

The applicant must inform the Secretary of State of the applicant’s agreement under paragraph (2) within 14 days beginning with the date on which the Secretary of State notified the applicant of the terms and conditions in accordance with section 139(4) of the Act.

(4)

The Secretary of State may extend the time specified in paragraph (3) where the Secretary of State is satisfied that special reasons apply, even if it has already expired.

7Circumstances in which an award is to be extinguished

An award of a budgeting loan becomes extinguished where—

(a)

the applicant fails to satisfy the condition in paragraph (2) of regulation 6 within the time referred to in paragraph (3) or (4) 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.

8Revocations

The following Regulations are revoked—

(a)

the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008f1; and

(b)

the Social Fund (Applications and Miscellaneous Provisions) Amendment Regulations 2009f2.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Altmann

Minister of State,

Department for Work and Pensions

23rd June 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008 (“the 2008 Regulations”) (S.I. 2008/2265), which are revoked, and reflect the fact that budgeting loans are the only remaining element of social fund payments made under section 138(1)(b) of the Social Security Contributions and Benefits Act 1992.

Regulations 2 and 3 set out the manner and form in which applications are to be made for payments by way of budgeting loan out of the social fund.

Regulation 4 provides for consent to be given where someone else is making the application on the applicant’s behalf.

Regulation 5 sets out when an application for a budgeting loan is treated as having been made.

Regulation 6 specifies conditions which must be satisfied before payments of budgeting loans are made. A change from the 2008 Regulations is that agreement to the repayment terms and conditions does not need to be in writing.

Regulation 7 specifies the circumstances in which an award of a budgeting loan becomes extinguished.

Regulation 8 revokes the 2008 Regulations and the Social Fund (Applications and Miscellaneous Provisions) Amendment Regulations 2009 (S.I. 2009/3033) which amended the 2008 Regulations.

A full impact assessment has not been produced for these Regulations as they have no impact on the private sector or civil society organisations.