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Statutory Instruments

2021 No. 65

Social Security

The Social Fund Funeral Expenses Payment (Amendment) Regulations 2021

Sift requirements satisfied

19th January 2021

Made

20th January 2021

Laid before Parliament

21st January 2021

Coming into force

15th February 2021

The Secretary of State, in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1), makes the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

1.—(1) These Regulations may be cited as the Social Fund Funeral Expenses Payment (Amendment) Regulations 2021.

(2) These Regulations come into force on 15th February 2021.

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

2.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations 2005(2) are amended as follows.

(2) In regulation 7 (funeral payments: entitlement), in paragraph (9)(a), for “Norway or Switzerland” substitute “Norway, Switzerland or the United Kingdom”.

Signed by authority of the Secretary of State for Work and Pensions

Stedman-Scott

Parliamentary Under Secretary of State

Department for Work and Pensions

20th January 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies, in particular deficiencies under paragraphs (c) to (ea) of section 8(2) and paragraph (a) of section 8(3) of that Act, arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to domestic legislation, specifically the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061) (the “Social Fund Regulations”), to reflect that the United Kingdom is no longer a Member State of the European Union. This is so that persons who fall within regulation 7(10) of the Social Fund Regulations continue to satisfy the condition in regulation 7(9) of those Regulations if they hold the funeral in the United Kingdom.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(1)

2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(2)

S.I. 2005/3061, amended by S.I. 2006/1026 and S.I. 2020/1309; there are other amendments but none is relevant.