Social Security Act 1988

Section 11.

SCHEDULE 3 The Social Fund

Amendments of section 32 of 1986 Act

1 Section 32 of the [1986 c. 50.] Social Security Act 1986 shall be amended as follows.

2 The following subsection shall be inserted after subsection (2)—

“(2A) Payments may also be made out of that fund, in accordance with this Part of this Act, of a prescribed amount or a number of prescribed amounts to prescribed descriptions of persons, in prescribed circumstances to meet expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather.”

3 Subsection (3) shall cease to have effect.

4 The following subsections shall be inserted after subsection (7)—

“(7A) The Secretary of State shall prepare an annual report on the social fund.

(7B) A copy of every report prepared under subsection (7A) above shall be laid before each House of Parliament.”

5 In subsection (8) the words from “and” to the end shall cease to have effect.

6 The following subsections shall be inserted after that subsection—

“(8A) The Secretary of State shall allocate amounts for payments from the social fund such as are mentioned in subsection (2)(b) above in a financial year.

(8B) The Secretary of State may specify the amounts either as sums of money or by reference to money falling into the social fund on repayment or partial repayment of loans, or partly in the former and partly in the latter manner.

(8C) Allocations —

(a) may be for payments by a particular social fund officer or group of social fund officers;

(b) may be of different amounts for different purposes;

(c) may be made at such time or times as the Secretary of State considers appropriate; and

(d) may be in addition to any other allocation to the same officer or group of officers or for the same purpose.

(8D) The Secretary of State may at any time re-allocate amounts previously allocated, and subsections (8B) and (8C) above shall have effect in relation to a re-allocation as they have effect in relation to an allocation.”

7 The following subsections shall be inserted after subsection (9)—

“(10) The Secretary of State may nominate for an area a social fund officer to issue general guidance to the other social fund officers in the area about such matters relating to the social fund as the Secretary of State may specify.

(11) In determining a question under section 33 below or reviewing a question under section 34 below a social fund officer shall take account (subject to any directions or guidance issued by the Secretary of State under either of those sections) of any guidance issued by the social fund officer nominated for his area under subsection (10) above.

(12) A social fund inspector reviewing a determination shall be under the same duties in relation to such guidance as the social fund officer or inspector who made the determination.”

Amendments of section 33

8 Section 33 of the [1986 c. 50.] Social Security Act 1986 shall be amended as follows.

9 At the end of subsection (1) there shall be added the words, “in such form and manner as may be prescribed”.

10 The following subsection shall be inserted after subsection (1)—

“(1A) The power to make a payment out of the social fund under section 32(2)(b) above may be exercised by making a payment to a third party with a view to the third party providing, or arranging for the provision of, goods or services for the applicant.”

11 The following subsection shall be inserted after subsection (4)—

“(4A) An award that is to be repayable shall be repayable upon such terms and conditions as before the award is paid the Secretary of State notifies to the person by or on behalf of whom the application for it was made.”

12 In subsection (9)(e) for “(8)” there shall be substituted “(8A) to (8D)”.

13 The following subsection shall be inserted after subsection (10)—

“(10A) Without prejudice to the generality of subsection (10) above, the power to issue general directions conferred on the Secretary of State by that subsection includes power to direct—

(a) that in circumstances specified in the direction a social fund officer shall not determine an application and, without prejudice to the generality of this paragraph, that a social fund officer shall not determine an application which is made before the end of a specified period after the making of an application by the same person for a payment such as is mentioned in section 32(2)(b) above to meet the same need and without there having been any relevant change of circumstances since the previous application;

(b) that for a category of need specified in the direction a social fund officer shall not award less than an amount specified in the direction;

(c) that for a category of need specified in the direction a social fund officer shall not award more than an amount so specified;

(d) that payments to meet a category of need specified in the direction shall in all cases or in no case be made by instalments; and

(e) that payments to meet a category of need specified in the direction shall in all cases or in no case be repayable,

and the power to issue general guidance conferred on him by that subsection includes power to give social fund officers guidance as to any matter to which directions under that subsection may relate.”

Miscellaneous

14 The Social Security Act 1986 shall also be amended as follows.

15 The words “to him” shall be omitted from section 34(1) (a).

16 In sections 51(2), 52(6) and 53(10) (claims and payments, adjudication and overpayments) after “32(2)(a)” there shall be inserted “or (2A)”.