2018 No. 61
Social Security

The Social Fund Funeral Expenses Amendment Regulations 2018

Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1) and 5 of the Social Security Administration Act 19921 and sections 138(1)(a) and 175(1), and (5) of the Social Security Contributions and Benefits Act 19922.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it3.

Citation and commencement1.

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 19872.

(1)

The Social Security (Claims and Payments) Regulations 19874 are amended in accordance with this regulation.

(2)

In regulation 2(1) (interpretation)5, 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 20056;”.

(3)

In regulation 32ZA(2) (information given electronically)7 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)8 for “3 months” substitute “6 months”.

(5)

In Schedule 9ZC9, 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 20053.

The Social Fund Maternity and Funeral Expenses (General) Regulations 200510 are amended in accordance with regulations 4 to 7.

Definition of funeral4.

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

Responsible person: residence in care home5.

In regulation 8(2) (funeral payments: supplementary)11 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 197212 or the Local Government etc (Scotland) Act 199413;””.

Amount of funeral payment6.

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 payments7.

In regulation 10 (deductions from an award of a funeral payment) omit paragraphs (1)(c), (2) and (3)14.

Signed by authority of the Secretary of State

Kit Malthouse
Parliamentary Under-Secretary of State
Department for Work and Pensions
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the provisions governing the making of funeral payments from the Social Fund.

Regulation 2 amends the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) to permit electronic submission of evidence in connection with claims for social fund funeral payments and to extend the period in which claims can be made from 3 months to 6 months after the date of a funeral.

Regulations 4 to 7 amend the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061).

Regulation 4 removes the definition of “funeral” from the regulations.

Regulation 5 adds residents of care establishments who are supported by local authorities to the list of persons who are not taken into account in determining whether a claimant is responsible for funeral costs.

Regulation 6 clarifies that costs can be claimed in respect of any new burial plot, irrespective of whether that involves an exclusive right to the plot and allows for any costs relating to death certification to be awarded

Regulation 7 removes the provision allowing for the deduction from funeral payments of contributions received from charitable funds or certain relatives.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business or civil society organisations.