Modifications etc. (not altering text)
C1Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)
(1)In determining whether to make an award [F2of a community care grant or a crisis loan] to the applicant or the amount or value to be awarded [F3an appropriate officer] shall have regard, subject to subsection (2) below, to all the circumstances of the case and, in particular—
(a)the nature, extent and urgency of the need;
(b)the existence of resources from which the need may be met;
(c)the possibility that some other person or body may wholly or partly meet it;
(d)where the payment is repayable, the likelihood of repayment and the time within which repayment is likely;
(e)any relevant allocation under section 168(1) to (4) of the Administration Act.
[F4(1A)Subject to subsection (2) below, in determining whether to make an award of a budgeting loan to the applicant, or the amount or value to be awarded, an appropriate officer shall have regard to—
(a)such of the applicant’s personal circumstances as are of a description specified in directions issued by the Secretary of State; and
(b)the criteria specified in paragraphs [F5(b), (d) and (e)] of subsection (1) above;
F6....]
(2)[F7An appropriate officer] shall determine any question in accordance with any general directions issued by the Secretary of State and in determining any question shall take account of any general guidance issued by him.
[F8(3)Without prejudice to the generality of subsection (2), the Secretary of State may issue directions under that subsection for the purpose of securing that allocations under section 168 of the Administration Act are not exceeded.]
(4)Without prejudice to the generality of subsection (2) 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 [F9an appropriate officer] shall not determine an application and, without prejudice to the generality of this paragraph, that [F9an appropriate 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 138(1)(b) above to meet the same need and without there having been any relevant change of circumstances since the previous application;
[F10(aa)that in circumstances specified in the direction an application for an award of a community care grant may be treated as an application for an award of a crisis loan, and vice versa;]
(b)that for a category of need specified in the direction [F9an appropriate officer] shall not award less than an amount specified in the direction;
(c)that for a category of need specified in the direction [F9an appropriate 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;
[F11(da)that the amount or value of a budgeting loan is not to exceed a sum specified or determined as specified in the direction;]
F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)that a payment such as is mentioned in section 138(1)(b) above shall only be awarded to a person if either—
(i)he is in receipt of a benefit which is specified in the direction and the circumstances are such as are so specified; or
(ii)in a case where the conditions specified in sub-paragraph (i) above are not satisfied, the circumstances are such as are specified in the direction,
and the power to issue general guidance conferred on him by that subsection includes power to give [F13appropriate officers] guidance as to any matter to which directions under that subsection may relate.
[F14(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 Secretary of State.
(4ZB)A relevant sum is a sum determined from time to time by reference to so much of any relevant allocation under section 168(1) to (4) of the Administration Act as is available for making payments.]
(5)In determining a question [F15an appropriate officer] shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by [F16the appropriate officer nominated for his area under section 36 of the Social Security Act 1998].]
Textual Amendments
F1S. 140 repealed (1.4.2013) (with savings relating to budgeting loans and relating to community care grants and crisis loans applied for before 1.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 8; S.I. 2012/3090, art. 2(1)(d) (with art. 3)
F2Words in s. 140(1) inserted (5.4.1999) by Social Security Act 1998 (c. 14), ss. 71(1), 87(2); S.I. 1999/1055, art. 2(a) (with art. 3)
F3Words in s. 140(1) substituted (29.11.1999 subject to specified exceptions) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 73(1); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)
F4S. 140(1A) inserted (5.4.1999) by Social Security Act 1998 (c. 14), ss. 71(2), 87(2); S.I. 1999/1055, art. 2(a) (with art. 3)
F5Words in s. 140(1A)(b) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 54(a), 70(1)
F6Words in s. 140(1A) repealed (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 54(b), 70(1), Sch. 8
F7Words in s. 140(2) substituted (29.11.1999 subject to specified exceptions) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 73(2); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)
F8S. 140(3) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 7 para. 2(3)
F9Words in s. 140(4) substituted (29.11.1999 subject to specified exceptions) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 73(4)(a); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)
F10S. 140(4)(aa) inserted (5.4.1999) by Social Security Act 1998 (c. 14), ss. 71(3), 87(2); S.I. 1999/1055, art. 2(a) (with art. 3)
F11S. 140(4)(da) inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 72(2), 150(2)(c)
F12S. 140(4)(e) repealed (5.4.1999) by Social Security Act 1998 (c. 14), ss. 71(3), 87(2), Sch. 8; S.I. 1999/1055, art. 2(a)(c) (with art. 3)
F13Words in s. 140(4) substituted (29.11.1999 subject to specified exceptions) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 73(4)(b); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)
F14S. 140(4ZA)(4ZB) inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 72(3), 150(2)(c)
F15Words in s. 140(5) substituted (29.11.1999 subject to specified exceptions) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 73(5)(a); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)
F16Words in s. 140(5) substituted (29.11.1999 subject to specified exceptions) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 73(5)(b); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)