Section 138 — Social Security Contributions and Benefits Act 1992: Payments out of the social fund.

Payments out of the social fund. 138 1 There may be made out of the social fund, in accordance with this Part of this Act—

a payments of prescribed amounts, whether in respect of prescribed items or otherwise, to meet, in prescribed circumstances, maternity expenses and funeral expenses;

and b payments by way of community care grant, crisis loan or budgeting loan to meet—

i other needs, and ii in the case of payments by way of budgeting loan, those needs for which provision is made by paragraph (a), in accordance with directions given or guidance issued by the Secretary of State.

2 Payments may also be made out of that fund, in accordance with this Part of this Act, of a prescribed amount or a number of prescribed amounts to prescribed descriptions of persons, in prescribed circumstances to meet expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather.

3 The power to make a payment out of the social fund such as is mentioned in subsection (1)(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.

4 In this section “ prescribed ” means specified in or determined in accordance with regulations. 4A This section has effect in or as regards Scotland as if—

a references in subsections (1)(a) and (2) to the making of payments out of the social fund were to the making of payments by the Scottish Ministers, b the reference in subsection (2) to the Secretary of State were to the Scottish Ministers, and c the reference in subsection (4) to regulations were to regulations made by the Scottish Ministers. 4B Where regulations are made by the Scottish Ministers under this section—

a sections 175(2) and (7) and 176 do not apply, and b the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). 4C The power to make an Order in Council under section 30(3) of the Scotland Act 1998 is exercisable for the purposes of this section as it is exercisable for the purposes of that Act.

5 In this Part— “budgeting loan” means a loan awarded in circumstances specified in directions issued by the Secretary of State for the purpose of defraying an intermittent expense; “community care grant” means a grant awarded in circumstances so specified for the purpose of meeting a need for community care; “crisis loan” means a loan awarded in circumstances so specified for the purpose of meeting an immediate short term need; and any reference in this subsection to meeting a need or defraying an expense includes a reference to helping to meet the need or to defray the expense.