The Social Fund Funeral Expenses Amendment Regulations 2018

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.

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

2.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended in accordance with this regulation.

(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 2005(3);”.

(3) In regulation 32ZA(2) (information given electronically)(4) at 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)(5) for “3 months” substitute “6 months”.

(5) In Schedule 9ZC(6), in paragraph 2(1) (conditions for the use of electronic communication) at the end insert—

“; (k)a social fund funeral payment”.

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

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

Definition of funeral

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

Responsible person: residence in care home

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

“(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 1972(9) or the Local Government etc (Scotland) Act 1994(10);””.

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); and

(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;”;

(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)(11).

Signed by authority of the Secretary of State

Kit Malthouse

Parliamentary Under-Secretary of State

Department for Work and Pensions

18th January 2018