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Social Security Act 1988

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Amendments of section 33

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

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

10The 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.”

11The 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.”

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

13The 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.”

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