The Social Fund (Children's Funeral Fund for England) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/1064 |
| Year | 2019 |
2019 No. 1064
Social Security
The Social Fund (Children’s Funeral Fund for England) Regulations 2019
Made 27th June 2019
Laid before Parliament 1st July 2019
Coming into force 23th July 2019
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 138(1)(a) and (4) and 175(1), (3), (4) and (5) of the Social Security Contributions and Benefits Act 19921, and sections 1(1) and (1C), and 5(1)(a), (i) and (j), and (1A), and 189(1), (4), (5), (5A) and (5B) of the Social Security Administration Act 19922.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Social Fund (Children’s Funeral Fund for England) Regulations 2019 and come into force on 23rd July 2019.
(2) Subject to paragraph (3), these Regulations extend to England and Wales only.
(3) Regulations 7 and 8 extend to England and Wales, and Scotland.
Interpretation
2. In these Regulations—
“associated expenses” means the expenses referred to in regulation 5;
“burial authority” means a person responsible for the management of a burial ground;
“claimant” means—
(a) with respect to claims in relation to fees charged by a burial or cremation authority, the burial authority or cremation authority in question;
(b) with respect to claims in relation to associated expenses, a burial authority, a cremation authority, a funeral director, or the person responsible for the purchase of a listed item;
“cremation authority” means a person responsible for the management of a crematorium;
“fees charged by a burial or cremation authority” means the fees referred to in regulation 4;
“funeral” means erecting a memorial in a case where there is no body, or the burial or cremation of a body (whether or not the burial or cremation is accompanied by the erection of a memorial);
“listed item” means an item or service referred to in regulation 4(1) or regulation 5(1);
“qualifying age” means an age less than 18 years old.
Entitlement
3.—(1) A claimant is entitled to a Children’s Funeral Fund payment in relation to a funeral, where—
(a)
(a) the deceased was—
(i) of qualifying age at the time of death; or
(ii) a stillborn child as defined in section 41 of the Births and Deaths Registration Act 19533, born after the 24th week of pregnancy;
(b)
(b) the funeral takes place in England on or after 23rd July 2019; and
(c)
(c) were it not for these Regulations, those fees or expenses would be chargeable to a person involved in the organisation of the funeral.
(2) Section 1(1A) of the Social Security Administration Act 19924(the requirement to provide evidence of a national insurance number in order to make a claim) is disapplied in relation to a claim for a Children’s Funeral Fund payment.
(3) Subject to regulation 6, a claimant may be awarded more than one Children’s Funeral Fund payment in relation to a funeral.
(4) In this regulation, a “Children’s Funeral Fund payment” means a payment out of the social fund5in the amount of any fees charged by a burial or cremation authority or of any associated expenses.
Fees charged by a burial or cremation authority
4.—(1) Fees charged by a burial or cremation authority are—
(a)
(a) where the deceased is buried—
(i) the fees for obtaining a burial plot and a right of burial for the deceased in that plot, whether or not that right is exclusive;
(ii) the fees levied in respect of a burial by the burial authority or the person responsible for the provision and maintenance of cemeteries for the area where the burial takes place;
(b)
(b) where the deceased is cremated—
(i) the fees levied in respect of the cremation by the cremation authority or person responsible for the provision and maintenance of crematoria for the area where the cremation takes place;
(ii) fees levied for a private post mortem examination where this is necessary for the cremation to be authorised;
(c)
(c) the fees levied for the scattering of ashes;
(d)
(d) the fees levied for the burial of ashes;
(e)
(e) the fees levied for the storage of ashes in a columbarium or similar receptacle until the point where the deceased, if alive, would have ceased to be of qualifying age;
(f)
(f) the fees levied in respect of obtaining permission to erect a memorial;
(g)
(g) where it is a condition of the right of burial, the maintenance fees of the place of burial until the point where the deceased, if alive, would have ceased to be of qualifying age;
(h)
(h) fees levied for renewal of the right of exclusive use of the burial plot until the point where the deceased, if alive, would have ceased to be of qualifying age;
(i)
(i) any other fees the Secretary of State considers to be appropriate.
(2) Fees charged by a burial or cremation authority are limited to what the Secretary of State considers to be reasonable in the circumstances.
(3) Fees charged in accordance with paragraph (1) must not include any element which relates exclusively to a requirement of the religious faith of the deceased or the family of the deceased.
Associated expenses
5.—(1) Associated expenses are—
(a)
(a) where the deceased is buried, the fees levied by a private grave-digger, inclusive of the fees levied for the removal and replacement of headstones and kerbing;
(b)
(b) where the deceased is cremated—
(i) the fees payable for the removal of any active implantable medical device as defined in regulation 2 of the Medical Devices Regulations 20026save that, where that removal is carried out by a person who is not a registered medical practitioner no more than £20 may be met in respect...
To continue reading
Request your trial