The Social Security (Northern Ireland) Order 1990

Amendments relating to the social fund

12.—(1) In Article 33 of the 1986 Order, after paragraph (8D) there shall be inserted the following paragraph—

“(8E) The Department may give general directions to social fund officers or groups of social fund officers, with respect to the control and management by social fund officers or groups of social fund officers of the amounts allocated to them under paragraphs (8A) to (8D).”.

(2) In paragraph (10) of that Article (power to nominate social fund officer to issue guidance to other officers in his area on specified matters) for the words “to issue” there shall be substituted the words “who shall issue”.

(3) In Article 34 of that Order, after paragraph (10) (questions to be determined in accordance with general directions) there shall be inserted the following paragraph—

“(10ZA) Without prejudice to the generality of paragraph (10), the Department may issue directions under that paragraph for the purpose of securing that a social fund officer or group of social fund officers shall not in any specified period make awards of any specified description which in the aggregate exceed the amount, or a specified portion of the amount, allocated to that officer or group of officers under Article 33(8A) to (8D) for payments under awards of that description in that period.”.

(4) In paragraph (10A) of that Article (which specifies certain matters with respect to which directions may be given), after sub-paragraph (e) there shall be inserted the following sub-paragraph—

“(f) that a social fund payment such as is mentioned in Article 33(2)(b) shall only be awarded to a person if either—

(i) he is in receipt of a benefit under the benefit Acts which is specified in the direction and the circumstances are such as are so specified; or

(ii) in a case where the conditions specified in head (i) are not satisfied, the circumstances are such as are specified in the direction;”.

(5) At the end of that Article there shall be added the following paragraph—

“(13) The Department may by regulations—

(a) make provision with respect to the time at which an application for a social fund payment such as is mentioned in Article 33(2)(b) is to be treated as made;

(b) prescribe conditions that must be satisfied before any determination in connection with such an application may be made or any award of such a payment may be paid;

(c) prescribe circumstances in which such an award becomes extinguished.”.