The Social Fund (Applications and Miscellaneous Provisions) Amendment Regulations 2009

Amendment of the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008

2.—(1) The Social Fund (Applications and Miscellaneous Provisions) Regulations 2008(1) are amended as follows.

(2) For regulation 2 (form and manner in which an application is to be made), substitute—

“Form and manner in which an application for a community care grant or budgeting loan is to be made

2.   An application for a payment by way of community care grant or budgeting loan under section 138(1)(b) of the Act must be made in writing—

(a) on a form approved by the Secretary of State and completed in accordance with the instructions on that form; or

(b) in such other manner as the Secretary of State may accept as sufficient in any particular case.

Form and manner in which an application for a crisis loan is to be made

2A.— (1) An application for a payment by way of crisis loan under section 138(1)(b) of the Act need not be made in writing unless the Secretary of State so requires in any particular case.

(2) Where an application for a crisis loan is required to be made in writing it must be made—

(a) on a form approved by the Secretary of State and completed in accordance with the instructions on that form, or

(b) in such other manner as the Secretary of State may accept as sufficient in any particular case;

and the provisions of regulation 3 will then apply to that application as they apply to an application for a community care grant or budgeting loan.

(3) The Secretary of State may require a person who wishes to apply for a crisis loan in respect of living expenses to attend for interview at an office of the Department for Work and Pensions and to make the application to the interviewing officer.

(4) Where someone (“B”) is making the application on behalf of another person (“A”) the Secretary of State may require that B attend the interview instead of, or together with, A in order to make the application.

(5) The Secretary of State must give the applicant reasonable notice of the date, time and place at which such an interview is to take place.”

(3) In regulation 5(2), for “not made in writing” substitute “made by telephone”.

(4) In regulation 6(2)(a) and (4)(a), for “regulation 2(1) or (3)” substitute “regulation 2 or 2A(2)”.

(5) In regulation 7—

(a) in paragraph (2), omit the words “Where an application for a crisis loan is not made in writing,”; and

(b) in paragraph (4), for “not made in writing” substitute “made by telephone”.

(1)

S.I. 2008/2265 as amended by S.I. 2009/2655.