nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Crisis loan nightmares!
Mon 17-Jul-06 12:20 PM |
The equivalent Regs to the Claims & Payment Regs, for the Social Fund are the following (as amended in 2002-Reg 2A inserted).
Statutory Instrument 1988 No. 524 The Social Fund (Applications) Regulations 1988 © Crown Copyright 1988Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Fund (Applications) Regulations 1988, ISBN 0110865243. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:[email protected] information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
STATUTORY INSTRUMENTS 1988 No. 524 SOCIAL SECURITY The Social Fund (Applications) Regulations 1988 Made 16th March 1988 Laid before Parliament 17th March 1988 Coming into force 11th April 1988
The Secretary of State for Social Services, in exercise of the powers conferred on him by sections 33(1) and 84(1) of the Social Security Act 1986<1> and section 166(1) to (3A) of the Social Security Act 1975<2> and of all other powers enabling him in that behalf, by this instrument which is made before the end of a period of 12 months from the commencement of the enactment under which it is made, hereby makes the following Regulations:Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Fund (Applications) Regulations 1988 and shall come into force on 11th April 1988.
(2) In these Regulations, unless the context otherwise requires — "the Act" means the Social Security Act 1986;"appropriate office" means an office of the Department of Health and Social Security.Form and manner in which an application is to be made 2.—(1) "Except in the case of an application referred to in regulation 2A,". Every application for a payment out of the social fund under section 32(2)(b) of the Act (payment to meet needs other than in prescribed circumstances) shall be made in writing, on a form approved by the Secretary of State and completed in accordance with the instructions on that form, or in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case. (2) Forms of application shall be supplied, without charge, by such persons as the Secretary of State may appoint or authorise for that purpose. (3) Every application shall be delivered or sent to an appropriate office. (4) Where an application is to be made on behalf of a person, that person shall signify in writing his consent to the application being made on his behalf unless the person making the application is a person appointed by the Secretary of State under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987<3> to act on the beneficiary's behalf.
(5) Where it appears to the Secretary of State that an application which has been submitted is incomplete in that —
(a) the form approved has been used but it has not been completed in accordance with the instructions given on that form, the Secretary of State may return the form to the person making the application for proper completion by him; or
(b) it contains insufficient particulars to enable any material question to be determined, the Secretary of State may request that person to furnish in writing or by attendance at the appropriate office such further particulars as may reasonably be required to complete the application.Form and manner in which an application for a crisis loan is to be made 2A. - (1) An application for a crisis loan under section 138(1)(b) of the Social Security Contributions and Benefits Act 1992 need not be made in writing unless the Secretary of State directs in any particular case that the application shall be made in writing. (2) Where an application for a crisis loan is to be made in writing - (a) it shall be made, either on a form approved by the Secretary of State and completed in accordance with the instructions on that form or in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case; and(b) regulation 2(2) to (4) above shall apply to that application in the same way as those paragraphs apply to applications under regulation 2(1). (3) Where it appears to the Secretary of State that an application which was made on a form is incomplete in that the form has not been completed in accordance with the instructions on that form, the Secretary of State may return the form to the person making the application for proper completion by him. (4) Where insufficient particulars have been provided with the application for a crisis loan (whether made in writing or otherwise) to enable any material question to be determined, the Secretary of State may request the person making the application to provide such further particulars as may reasonably be required to complete the application. (5) Where an application for a crisis loan has not been made in writing and it is subsequently determined that a loan may be awarded in connection with that application, the person making the application shall -
(a) provide satisfactory evidence of his identity;
(b) confirm in writing that there have been no changes to the particulars supporting the application; and
(c) confirm in writing that those particulars are correct,before the loan is paid to him.".
Signed by authority of the Secretary of State for Social Services.Nicholas ScottMinster of State, Department of Health and Social Security16th March 1988 EXPLANATORY NOTE(This note is not part of the Regulations) These Regulations make provision for the manner and form in which applications are to be made for discretionary payments from the Social Fund under section 32(2)(b) of the Social Security Act 1986.These Regulations are made before the expiry of 12 months from the commencement of section 33(1) of the Social Security Act 1986 and are accordingly exempt by section 61(5) of that Act from reference to the Social Security Advisory Committee and have not been so referred. ISBN 0 11 086524 3 Notes:<1> 1986 c. 50; section 33(1) was amended by paragraph 9 of Schedule 3 to the Social Security Act 1988 (c. 7) and section 84(1) is cited because of the meaning it ascribes to the words "prescribed" and "regulations" . back <2> 1975 c. 14; section 166(3A) was inserted by section 62(1) of the Social Security Act 1986 and section 166(1) to (3A) is applied by section 83(1) of that Act. back <3> S.I. 1987/1968. back Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 1988 Prepared 20th September 2000
e the following (as amended in 2002) - Reg 2A inserted).
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