The Social Fund Funeral Expenses (Amendment) Regulations (Northern Ireland) 2018

Citation and Commencement

1.  These Regulations may be cited as the Social Fund Funeral Expenses (Amendment) Regulations (Northern Ireland) 2018 and come into operation on 2nd April 2018.

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) are amended as follows.

(2) In regulation 2(1) (interpretation)(2), 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 (Northern Ireland) 2005(3);”.

(3) In regulation 32ZA(2) (information given electronically)(4) after sub-paragraph (g) insert—

• “; (ga) 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)(5) for “3 months” substitute “6 months”.

(5) In Schedule 8D(6), in paragraph 2(1) (conditions for the use of electronic communication) after “income support” insert “, a social fund funeral payment.”.

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

3.  The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 are amended in accordance with regulations 4 to 7.

Definition of funeral

4.  In regulation 2 (interpretation) omit the definition of “funeral”.

Responsible person: residence in care home

5.—(1) In regulation 8(2) (funeral payments: supplementary)(7) after sub-paragraph (f) insert—

“(ff) a person resident in a care establishment within the meaning of regulation 2(3), whose accommodation and care costs are met in whole or in part by a Health and Social Care trust;”.

(2) In this regulation “Health and Social Care trust” means a body as established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(8).

Amount of funeral payment

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

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

“(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);

(c) after paragraph (3)(b) insert—

“(ba) the cost of obtaining any medical reference, report or other documentation required in connection with the disposal of the body of the deceased, whether by burial, cremation or otherwise;”; and

(d) in paragraph (8) for “with an exclusive right of burial” substitute “with a right of burial in that plot, whether or not that right is exclusive”.

Deductions from funeral payments

7.  In regulation 10 (deductions from an award of a funeral payment) omit paragraphs (1)(c), (2) and (3)(9).

Sealed with the Official Seal of the Department for Communities on 8th March 2018

(L.S.)

Anne McCleary

A senior officer of the Department for Communities