The Social Fund (Applications and Miscellaneous Provisions) Regulations (Northern Ireland) 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 (Northern Ireland) 1988 (“the 1988 Regulations”) and the Social Fund (Miscellaneous Provisions) Regulations (Northern Ireland) 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 a community care grant, crisis loan or budgeting loan out of the social fund under section 134(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) 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 have 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 a crisis loan or budgeting loan are made. The change from the 1990 Regulations is that, in the case of a crisis loan, the applicant need not inform the Department for Social Development in writing that he 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 Regulations, the 1990 Regulations and a Statutory Rule which amended the 1988 Regulations.

These regulations make, in relation to Northern Ireland only, provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.