The Social Fund (Budgeting Loans) (Applications and Miscellaneous Provisions) Regulations 2015

• Citation: S.I. 2015/1411
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Fund (Budgeting Loans) (Applications and Miscellaneous Provisions) Regulations 2015 and shall come into force on 22nd July 2015.

(2) In these Regulations—

“ the Act ” means the Social Security Contributions and Benefits Act 1992 ;

“applicant” means the person by or on behalf of whom the application for a budgeting loan is made; and

“budgeting loan” means a payment by way of budgeting loan under section 138(1)(b) of the Act.

Section 2 Form and manner in which an application is to be made

An application for a budgeting loan 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.

Section 3 Written applications

(1) Application forms for budgeting loans approved by the Secretary of State for the purposes of regulation 2(a) are to be supplied, without charge, by persons appointed or authorised for that purpose by the Secretary of State.

(2) Every application must be delivered or sent to an office of the Department for Work and Pensions.

(3) Where the applicant has not provided sufficient particulars to enable any material question to be determined, the Secretary of State may request the applicant to provide (in writing, by attendance at an office of the Department for Work and Pensions or by other reasonable means) such further particulars as may reasonably be required to determine the application.

(4) Where an approved application form has been submitted and it appears to the Secretary of State that the application form has not been completed in accordance with the instructions given on the form, the Secretary of State may return the form to the applicant and require proper completion.

Section 4 Consent where application is made on behalf of someone else

(1) Where an application for a budgeting loan is to be made on behalf of one person (“A”) by another person (“B”), B must not make such an application unless—

(a) A has given consent to the application being made on A’s behalf; or

(b) B is a person appointed by the Secretary of State under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987 to act on A’s behalf.

(2) Consent must be in writing.

Section 5 Time at which an application is to be treated as made

An application for a budgeting loan is to be treated as made on the date on which the application is first received in an office of the Department for Work and Pensions.

Section 6 Conditions to be satisfied before payment of a budgeting loan

(1) Before an award of a budgeting loan is paid the applicant must provide satisfactory evidence of the applicant’s identity.

(2) Before an award of a budgeting loan is paid the applicant must inform the Secretary of State that the applicant agrees to the terms and conditions notified to the applicant in accordance with section 139(4) of the Act.

(3) The applicant must inform the Secretary of State of the applicant’s agreement under paragraph (2) within 14 days beginning with the date on which the Secretary of State notified the applicant of the terms and conditions in accordance with section 139(4) of the Act.

(4) The Secretary of State may extend the time specified in paragraph (3) where the Secretary of State is satisfied that special reasons apply, even if it has already expired.

Section 7 Circumstances in which an award is to be extinguished

An award of a budgeting loan becomes extinguished where—

(a) the applicant fails to satisfy the condition in paragraph (2) of regulation 6 within the time referred to in paragraph (3) or (4) of that regulation; or

(b) in a case where the Secretary of State has issued an instrument of payment in respect of the award, that instrument is not presented for payment within the period of 12 months beginning with the date of its issue.

Section 8 Revocations

The following Regulations are revoked—

(a) the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008 ; and

(b) the Social Fund (Applications and Miscellaneous Provisions) Amendment Regulations 2009 .