Social Security (Scotland) Act 2018

PART 1 ELIGIBILITY

CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES

1 (1) The regulations must be framed so that an individual’s eligibility for funeral expense assistance depends on the individual having met, or being responsible for meeting, the expenses of a funeral.

(2) The regulations are to define “funeral” for the purpose of determining entitlement to funeral expense assistance.

CHAPTER 2 FURTHER CRITERIA

Location of the funeral

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

Relationship with the deceased

3 The 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

4 The 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

5 The 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

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

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

7 The 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

8 The 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.