| Jurisdiction | Scotland |
| Citation | SSI 2019/292 |
| Year | 2019 |
These Regulations may be cited as the Funeral Expense Assistance (Scotland) Regulations 2019 and come into force on the first Monday after the day on which they are made.In these Regulations—applies within the period described in regulation 5, andmeets the eligibility conditions prescribed in these Regulations.(2) Regulation 4 sets out circumstances in which the Scottish Ministers are to determine an individual's entitlement to funeral expense assistance without receiving an application.(3) Regulations 7 and 8 describe eligibility conditions relating to the applicant's relationship to the deceased person and multiple applications.(4) Regulation 9 describes eligibility conditions relating to the applicant's residence, the last residence of the deceased person and the place where the funeral takes place.(5) Regulations 10 and 11 describe eligibility conditions relating to the financial means of the applicant, based on receipt of income related benefits, and of the estate of the deceased person.on the day it is received by the Scottish Ministers, orif applicable, on the day nominated by the Scottish Ministers under regulation 5(5) .made to the Scottish Ministers in the form, andaccompanied by the evidence,they have previously made a determination of the individual's entitlement to that assistance (“the original determination”) ,not being given funeral expense assistance for which the individual was eligible, orbeing given less such assistance than that to which the individual was entitled,the Scottish Ministers are not considering a request for re-determination of the individual's entitlement to such assistance, andthe individual has not appealed to the First-tier Tribunal for Scotland against the Scottish Ministers' determination of the individual's entitlement to such assistance.a determination has previously been made that the individual is not entitled to that assistance (“the original determination”) , andfollowing an appeal, a backdated award of assistance described in regulation 10(1) has been made, andhad that award been made before the original determination, a determination that the individual is entitled to funeral expense assistance would have been made instead.the information provided in the application that led to the original determination, andany other information they obtained in connection with that application.(4) Where a determination is to be, or has been, made without an application by virtue of this regulation, references in these Regulations to the day the application is made are to be read as references to the day the application that led to the original determination was made.(5) In paragraph (1) “official error” means an error made by someone acting on behalf of the Scottish Ministers or on behalf of a Minister of the Crown that was not materially contributed to by anyone not so acting.(1) A person is not entitled to funeral expense assistance unless an application for that assistance is made within a period starting when the person whose funeral is being arranged dies and ending as calculated in paragraphs (3) and (4) (“the period for applications”) .(2) No application for funeral expense assistance may be made while the person whose funeral is being arranged is alive.(3) No application for funeral expense assistance may be made after the day falling six months after the day on which the funeral takes place, unless paragraph (5) applies.(4) In calculating the end of the period for applications where the day of the month on which the funeral takes place is the 29th, 30th or 31st, and the month falling six months after that month does not have such a date, the period ends on the last day of the later month.the award of assistance described in regulation 10(1) that the applicant is relying on to meet that eligibility condition is a backdated award,a day that falls within the period for applications, ora period that includes at least 1 day that falls within the period for applications, andnot more than 20 working days after the last day of the period for applications, andwithin 3 months of the applicant being informed of the backdated award by or on behalf of the public authority who made it.must be a day for which the backdated award is made, andmust not be a day that falls outside the period for applications.(1) The period for requesting a re-determination of entitlement to funeral expense assistance, under section 41 of the Social Security (Scotland) Act 2018, is 31 days beginning with the day that the applicant is informed, in accordance with section 40 of that Act, of the right to make the request.the day the request is received by the Scottish Ministers, where the request is received by the Scottish Ministers later than the period prescribed by paragraph (1) , the day on which the Scottish Ministers, or on appeal the First-tier Tribunal for Scotland, decide that the applicant has a good reason for not requesting the re-determination sooner F24, orin a case where the Scottish Ministers have informed the applicant of their decision that the request for a re-determination was not made in such form as the Scottish Ministers require, the day on which it is
