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Social Security (Scotland) Act 2018

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This is the original version (as it was originally enacted).

CHAPTER 2FURTHER CRITERIA

Location of the funeral

2The regulations may make an individual’s eligibility depend on where the funeral takes place.

Relationship with the deceased

3The regulations may make an individual’s eligibility depend on the individual—

(a)being related to the deceased person, or

(b)having a relationship of a kind described in the regulations with the deceased person immediately before the death.

Value of deceased’s estate

4The regulations may make an individual’s eligibility depend on the value of the deceased person’s estate being below a level specified in the regulations.

Residence and presence

5The regulations may make an individual’s eligibility depend on either or both—

(a)the individual being resident and present in a particular place,

(b)the deceased person having been resident and present in a particular place at the date of death.

Financial circumstances

6The regulations may make an individual’s eligibility depend on the individual’s financial circumstances.

Receipt of, or eligibility for, other types of State assistance

7The regulations may make an individual’s eligibility depend on either or both the individual and, immediately before dying, the deceased person—

(a)being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

(b)being, or not being, eligible or entitled to receive such assistance.

Application within specified period

8The regulations may provide that an individual ceases to be eligible in respect of a funeral unless, by a deadline specified in the regulations—

(a)the individual has applied for funeral expense assistance in respect of the funeral, or

(b)the Scottish Ministers have become required to make a determination of the individual’s entitlement to funeral expense assistance in respect of the funeral by regulations under section 52.

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