EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations establish the Children’s Funeral Fund for England (CFF) as part of the social fund. The CFF will pay the fees charged by burial and cremation authorities and some associated expenses related to the funerals of children below the age of 18 and still-born children born after 24 weeks’ gestation, when the funeral takes place in England. Payment is non-means tested, and has no nationality or residence requirement.
Regulation 1 provides that the Regulations come into force on 23rd July 2019. The Regulations extend to England and Wales only, except for the regulations 7 and 8 that amend the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061) and the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968), which also extend to Scotland.
Regulation 3 defines the circumstances in which a claimant may be entitled to a payment from the CFF in relation to a funeral. The fees charged by a burial or cremation authority or associated expenses must be incurred in relation to a funeral of a person who had not yet attained the age of 18, or was still-born after a 24-week gestation period. The funeral must take place in England on or after 23rd July 2019, and the fees and expenses must be those that would otherwise be chargeable to a person involved in the organisation of the funeral. It also removes the requirement to provide evidence of a national insurance number in order to receive payment from the CFF.
Regulation 4 defines “fees charged by a burial or cremation authority” for the purpose of these Regulations. The amount to be paid to the claimant as “fees charged by a burial or cremation authority” is limited to that which the Secretary of State considers reasonable in the circumstances. The fees shall not include elements that relate exclusively to the religious faith of the deceased or the family of the deceased.
Regulation 5 defines what “associated expenses” will be covered by the CFF. The amount to be paid to the claimant as “associated expenses” is limited to that which the Secretary of State considers reasonable in the circumstances. The expenses shall not include elements that relate exclusively to the religious faith of the deceased or the family of the deceased.
Regulation 6 prohibits more than one payment for any listed item from the CFF. It also prohibits payments for listed items for which money has been paid out under the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 or under regulations made under section 34 of the Social Security (Scotland) Act 2018 (asp 9). The exception to this is when the amount paid by either of these schemes is insufficient to reimburse the claimant for the entire price of the listed item. In those circumstances the claimant is entitled to an amount not exceeding the remainder of the price of the item.
Regulation 7 amends the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 to prevent double payment for items for which the claimant has already received payment from the CFF. The exception to this is when the amount paid out is insufficient to reimburse the claimant for the entire price of the listed item. In those circumstances the claimant is entitled to an amount not exceeding the remainder of the price of the item.
Regulation 8 amends the Social Security (Claims and Payments) Regulations 1987 to amend the definition of “social fund funeral payment” to include those made under the CFF.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.