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The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

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Deductions from an award of a funeral payment

10.—(1) There shall be deducted from the amount of any award of funeral payment which would otherwise be payable—

(a)the amount of any assets of the deceased which are available to the responsible person (on application or otherwise) or any other member of his family without probate or letters of administration, or (in Scotland) confirmation, having been granted;

(b)the amount of any lump sum due to the responsible person or any other member of his family on the death of the deceased by virtue of any insurance policy, occupational pension scheme or burial club, or any analogous arrangement;

(c)the amount of any contribution towards funeral expenses which has been received by the responsible person or any other member of his family from a charity or a relative of his or of the deceased;

(d)the amount of any funeral grant, made out of public funds, in respect of the death of a person who was entitled to a war disablement pension(1);

(e)in relation to a pre-paid funeral plan or any analogous arrangement—

(i)where the plan or arrangement had not been paid for in full prior to the death of the deceased, the amount of any sum payable under that plan or arrangement in order to meet the deceased’s funeral expenses,

(ii)where the plan or arrangement had been paid for in full prior to the death of the deceased, the amount of any allowance paid under that plan or arrangement in respect of funeral expenses.

(2) The amount of any payment made under—

(a)the Macfarlane Trust;

(b)the Macfarlane (Special Payments) Trust;

(c)the Macfarlane (Special Payments) (No. 2) Trust;

(d)the Fund;

(e)the Eileen Trust;

(f)the Skipton Fund, or

(g)a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions,

shall be disregarded from any deduction made under this regulation.

(3) In paragraph (2), “the Macfarlane Trust”, “the Macfarlane (Special Payments) Trust”, “the Macfarlane (Special Payments) (No. 2) Trust”, “the Fund”, “the Eileen Trust” and “the Skipton Fund” shall have the same meaning as in regulation 2(1) of the Income Support Regulations(2).

(1)

See section 146(2) of the Contributions and Benefits (Northern Ireland) Act 1992 for a definition of “war disablement pension”

(2)

“the Macfarlane Trust” was inserted by regulation 2(b) of S.R. 1988 No. 146; “the Macfarlane (Special Payments) Trust” was inserted by regulation 4(2) of S.R. 1990 No. 33; “the Macfarlane (Special Payments) (No. 2) Trust” was inserted by regulation 4(2) of S.R. 1991 No. 204; “the Fund” was inserted by regulation 5(2)(a) of S.R. 1992 No. 201; “the Eileen Trust” was inserted by regulation 5(2)(a) of S.R. 1993 No. 233; “the Skipton Fund” was inserted by regulation 2(b)(i) of S.R. 2004 No. 213

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