Social Security Act 1986

33 Awards by social fund officers

(1) A social fund payment such as is mentioned in section 32(2)(b) above may be awarded to a person only if an application for such a payment has been made by him or on his behalf.

(2) The questions whether such a payment is to be awarded and how much it is to be shall be determined by a social fund officer.

(3) A social fund officer may determine that an award shall be payable in specified instalments at specified times.

(4) A social fund officer may determine that an award is to be repayable.

(5) An award which is repayable shall be recoverable by the Secretary of State.

(6) Without prejudice to any other method of recovery, the Secretary of State may recover an award by deduction from prescribed benefits.

(7) The Secretary of State may recover an award—

(a) from the person to or for the benefit of whom it was made;

(b) where that person is a member of a married or unmarried couple, from the other member of the couple;

(c) from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.

(8) Subsections (3) to (6) of section 26 above have effect for the purposes of subsection (7)(c) above as they have effect for the purposes of sections 24 to 26 above.

(9) In determining whether to make an award to the applicant or the amount or value to be awarded an officer shall have regard,

subject to subsection (10) 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 32(8) above.

(10) An officer shall determine any question under this section in accordance with any general directions issued by the Secretary of State and in determining any such question shall take account of any general guidance issued by him.

(11) Payment of an award shall be made to the applicant unless the social fund officer determines otherwise.

(12) In this section " married couple" and " unmarried couple " are to be construed in accordance with Part II of this Act and regulations made under it.