The Social Fund Funeral Expenses Amendment Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/61

2018 No. 61

Social Security

The Social Fund Funeral Expenses Amendment Regulations 2018

Made 18th January 2018

Laid before Parliament 22th January 2018

Coming into force 2nd April 2018

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1) and 5 of the Social Security Administration Act 19921and sections 138(1)(a) and 175(1), and (5) of the Social Security Contributions and Benefits Act 19922.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it3.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Social Fund Funeral Expenses Amendment Regulations 2018 and come into force on 2nd April 2018.

S-2 Amendment of the Social Security (Claims and Payments) Regulations 1987

Amendment of the Social Security (Claims and Payments) Regulations 1987

2.—(1) The Social Security (Claims and Payments) Regulations 19874are amended in accordance with this regulation.

(2) In regulation 2(1) (interpretation)5, after the definition of “shared additional pension” insert—

““social fund funeral payment” means a funeral payment within the meaning of regulation 7(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 20056;”.

(3) In regulation 32ZA(2) (information given electronically)7at the end insert—

“; (k)a social fund funeral payment”.

(4) In Schedule 4 (prescribed times for claiming benefit), in the entry in column 2 relating to paragraph 9 (social fund payment in respect of funeral expenses)8for “3 months” substitute “6 months”.

(5) In Schedule 9ZC9, in paragraph 2(1) (conditions for the use of electronic communication) at the end insert—

“; (k)a social fund funeral payment”.

S-3 Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

3. The Social Fund Maternity and Funeral Expenses (General) Regulations 200510are amended in accordance with regulations 4 to 7.

S-4 Definition of funeral

Definition of funeral

4. In regulation 3 (interpretation) omit the definition of “funeral”.

S-5 Responsible person: residence in care home

Responsible person: residence in care home

5. In regulation 8(2) (funeral payments: supplementary)11after sub-paragraph (f) insert—

“(ff)

“(ff) a person resident in a care establishment within the meaning of regulation 3(3), whose accommodation and care costs are met in whole or in part by a local authority within the meaning of the Local Government Act 197212or the Local Government etc (Scotland) Act 199413;””.

S-6 Amount of funeral payment

Amount of funeral payment

6. In regulation 9 (amount of funeral payment)—

(a) for paragraph (3)(a)(i) substitute

“(i)

“(i) the necessary costs of obtaining a new burial plot for the deceased and a right of burial in that plot, whether or not that right is exclusive”;

(b) omit paragraphs (3)(b)(ii) and (iii); and

(c) after paragraph (3)(b) insert—

“(ba)

“(ba) the cost of obtaining any medical reference, report or other documentation required in connection with the disposal of the body of the deceased...

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