The Welfare Reform (Northern Ireland) Order 2015

Social fund

Ending of discretionary payments

76.—(1) Section 134(1)(b) of the Contributions and Benefits Act (discretionary payments out of social fund) is repealed.

(2) In consequence of the provision made by paragraph (1), the office of the social fund Commissioner is abolished.

(3) Payments are to be made out of the social fund into the Consolidated Fund in respect of—

(a) amounts allocated under section 147 of the Administration Act to the making of such payments as are mentioned in section 134(1)(b) but which are not so applied in consequence of paragraph (1);

(b) sums relating to such payments as are mentioned in section 134(1)(b) that are paid into the social fund under section 144 of the Administration Act.

(4) The payments are to be such as the Department determines in accordance with any directions of the Department of Finance and Personnel to be appropriate.

(5) Paragraph (3) is not to prevent the Department from re-allocating amounts allocated under section 147(1) of the Administration Act.

(6) The Department may by order subject to negative resolution provide for the transfer of property, rights and liabilities from the social fund Commissioner.

(7) An order under this Article may—

(a) provide for the transfer of property, rights and liabilities whether or not they would otherwise be capable of being transferred;

(b) make such supplementary, incidental, consequential or transitional provision as the Department considers appropriate.

(8) Schedule 8 contains consequential amendments.

Purposes of discretionary payments

77.  In section 134 of the Contributions and Benefits Act (payments out of the social fund), in subsection (1)(b), for “to meet other needs” substitute—

“to meet—

(i) other needs, and

(ii) in the case of payments by way of budgeting loan, those needs for which provision is made by paragraph (a),”.

Determination of amount or value of budgeting loan

78.—(1) Section 136 of the Contributions and Benefits Act (principles of determination) is amended as follows.

(2) In subsection (4), after paragraph (d) insert—

“(da) that the amount or value of a budgeting loan is not to exceed a sum specified or determined as specified in the direction;”.

(3) After subsection (4) insert—

“(4ZA) A direction under subsection (4)(da) may require the sum to be determined by applying, or by a method that includes applying, a multiplier specified in the direction in circumstances specified in the direction to the most recent relevant sum published by the Department.

(4ZB) A relevant sum is a sum determined from time to time by reference to so much of any relevant allocation under section 147(1) to (4) of the Administration Act as is available for making payments.”

Community care grants

79.  Sections 15 to 17 of the Welfare Reform Act (Northern Ireland) 2010 (provisions relating to community care grants), which have not been brought into operation, are repealed.