The Social Fund (Applications and Miscellaneous Provisions) Regulations 2008

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.