Made | 14th November 2005 | ||
Coming into operation | 5th December 2005 |
1. | Citation and commencement |
2. | Interpretation |
3. | Revocation |
4. | Provision against double payment |
5. | Entitlement |
6. | Persons affected by a trade dispute |
7. | Funeral payments: entitlement |
8. | Funeral payments: supplementary |
9. | Amount of funeral payment |
10. | Deductions from an award of a funeral payment |
SCHEDULE — | Revocations |
(2) For the purposes of Part III of these Regulations, persons shall be treated as members of the same household where—
and at least one of them is resident in a care establishment as at the date of death of the person in respect of whom a funeral payment is claimed.
(3) In paragraph (2), "care establishment" means—
as defined in regulation 2(1)[15] of the Income Support Regulations.
(4) For the purposes of these Regulations—
(5) The Interpretation Act (Northern Ireland) 1954[18] shall apply to these Regulations as it applies to an Act of the Assembly.
Revocation
3.
The Regulations specified in the Schedule are revoked to the extent specified there.
Provision against double payment
4.
—(1) Subject to paragraph (2), no Sure Start Maternity Grant shall be made under these Regulations if such a payment has already been made in respect of the child in question.
(2) Notwithstanding that a Sure Start Maternity Grant has been made to the natural mother of a child, or to one of her family, a second such payment may, subject to the following provisions of these Regulations, be made to the adoptive parents of the child in question or to persons who have been granted an order in respect of the child in question pursuant to section 30 of the Human Fertilisation and Embryology Act 1990[19] (parental orders in favour of gamete donors).
(3) Subject to paragraph (4), no funeral payment shall be made under these Regulations if such a payment has already been made in respect of the funeral expenses in question or in respect of any further funeral expenses arising from the death of the same person.
(4) A further funeral payment may be made in respect of any funeral expenses arising from the death of a person in respect of which such a payment has already been made where—
(b) either—
(c) subject to paragraph (3)—
(d) the claim is made within the prescribed time for claiming a Sure Start Maternity Grant.
(2) The amount of a Sure Start Maternity Grant shall be £500 in respect of each child or still-born child.
(3) Paragraph (1)(c)(i) shall not apply where a claim is made after the birth of a still-born child.
Persons affected by a trade dispute
6.
—(1) Where the claimant or the claimant's partner is a person affected by a trade dispute, a Sure Start Maternity Grant shall be made only if—
the relevant claim was made before the beginning of the trade dispute.
(2) In paragraph (1)(b), "relevant claim" means the claim in respect of which a tax credit of the type referred to in head (i) or (ii) of that sub-paragraph was awarded.
(2) Subject to regulation 8, a funeral payment shall be made where each of the conditions referred to in paragraphs (3) to (9) is satisfied.
(3) The first condition is that, in respect of the date of the claim for a funeral payment, the responsible person or his partner is a person to whom paragraph (4) applies.
(4) This paragraph applies to a person—
(5) The second condition is that the deceased was ordinarily resident in the United Kingdom at the date of his death.
(6) The third condition is that the claim is made within the prescribed time for claiming a funeral payment.
(7) The fourth condition is that the claimant is the responsible person or the partner of the responsible person.
(8) The fifth condition is that—
the responsible person was the person, or the partner of the person, responsible for that child for the purposes of Part IX of the Act as at the date of death; or
(c) in a case where the deceased was a still-born child, the responsible person was a parent, or the partner of a parent, of that still-born child as at the date when the child was still-born; or
(d) in a case where the deceased had no partner and neither sub-paragraph (b) nor (c) applies, the responsible person was an immediate family member of the deceased and it is reasonable for the responsible person to accept responsibility for those expenses; or
(e) in a case where the deceased had no partner and none of sub-paragraphs (b), (c) and (d) apply, the responsible person was either—
and it is reasonable for the responsible person to accept responsibility for the funeral expenses.
(9) The sixth condition is that the funeral takes place—
(10) This paragraph applies where the responsible person or his partner is—
Funeral payments: supplementary
8.
—(1) Subject to paragraph (2), the claimant shall not be entitled to a funeral payment where the responsible person is an immediate family member, a close relative or a close friend of the deceased and—
(2) Paragraph (1) shall not apply to disentitle the claimant from a funeral payment where the immediate family member who meets the description specified in sub-paragraph (c) of that paragraph is at the date of death—
(3) Paragraphs (4) to (8) apply for the purposes of regulation 7(8)(d) and (e).
(4) The deceased shall be treated as having had no partner where the deceased had a partner at the date of death and —
(5) Whether it is reasonable for the responsible person to accept responsibility for meeting the expenses of a funeral shall be determined by the nature and extent of his contact with the deceased.
(6) Paragraph (7) applies (subject to paragraph (8)) in a case where the deceased had one or more close relatives.
(7) If, on comparing the nature and extent of any close relative's contact with the deceased and the nature and extent of the responsible person's contact with the deceased, any such close relative was in—
the claimant shall not be entitled to a funeral payment.
(8) However, paragraph (7) shall not apply where the close relative who was in—
is at the date of death of a description specified in any of sub-paragraphs (a) to (h) of paragraph (2).
(9) In a case where the responsible person is the partner of the person who was a close relative, immediate family member or (as the case may be) close friend of the deceased, references in the preceding provisions of this regulation, and in regulation 7(8)(d) and (e), to the responsible person are to be construed as references to the responsible person's partner.
Amount of funeral payment
9.
—(1) A funeral payment shall be an amount sufficient to meet any relevant expenditure less any amount which falls to be deducted under regulation 10.
(2) In paragraph (1), "relevant expenditure" means any costs to which paragraph (3) applies which fall to be met or have been met by the responsible person (or a person acting on behalf of the responsible person), inclusive of any available discount on those costs allowed by the funeral director or by any other person who arranges the funeral.
(3) This paragraph applies to the following costs—
(b) where the deceased is cremated—
(c) the cost of obtaining any documentation, production of which is necessary in order to release any assets of the deceased which may be deducted from a funeral payment pursuant to regulation 10;
(d) where the deceased died at home or away from home and it is necessary to transport the deceased within the United Kingdom in excess of 80 kilometres (approximately 50 miles) to the funeral director's premises or to the place of rest, the reasonable cost of transport in excess of 80 kilometres;
(e) where transport is provided by a vehicle for the coffin and bearers and by one additional vehicle, from the funeral director's premises or the place of rest to the funeral and—
the reasonable cost of the transport provided, other than the cost in respect of the first 80 kilometres of the distance travelled;
(f) the necessary cost of one return journey for the responsible person, either for the purpose of making arrangements for, or for attendance at, the funeral; and
(g) any other funeral expenses which shall not exceed £700 in any case.
(4) Paragraphs (2) and (3) have effect subject to the following provisions.
(5) Paragraph (3)(a) does not apply to costs in connection with burial of the deceased's ashes (where he was cremated).
(6) All references to 80 kilometres shall be construed as applying to—
(7) The cost of items and services referred to in (3)(a), (b), (d) and (e) shall not include any element in the cost of those items and services which relates to a requirement of the deceased's religious faith.
(8) Paragraph (3)(e)(i) includes costs only to the extent that, together with the costs referred to under paragraph (3)(a)(ii), they do not exceed the costs which would have been incurred under—
if it had been necessary to purchase for the deceased a new burial plot with an exclusive right of burial.
(9) Paragraph (3)(f) includes costs only to the extent that they do not exceed the costs which would have been incurred in respect of a return journey from the home of the responsible person to the location where the necessary costs of a burial or, as the case may be, cremation referred to in paragraph (3)(a) or (b) would have been incurred.
(10) Where items and services have been provided on the death of the deceased under a pre-paid funeral plan or under any analogous arrangement—
Deductions from an award of a funeral payment
10.
—(1) There shall be deducted from the amount of any award of funeral payment which would otherwise be payable—
(2) The amount of any payment made under—
shall be disregarded from any deduction made under this regulation.
(3) In paragraph (2), "the Macfarlane Trust", "the Macfarlane (Special Payments) Trust", "the Macfarlane (Special Payments) (No. 2) Trust", "the Fund", "the Eileen Trust" and "the Skipton Fund" shall have the same meaning as in regulation 2(1) of the Income Support Regulations[31].
Sealed with the Official Seal of the Department for Social Development on
14th November 2005.
L.S.
John O'Neill
A senior officer of the Department for Social Development
Name of Regulations | S.R. Number | Extent of revocation |
The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 | 1987 No. 150 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1988 | 1988 No. 6 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 2) Regulations (Northern Ireland) 1988 | 1988 No. 22 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1989 | 1989 No. 71 | Regulations 1 to 3 |
The Social Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 1990 | 1990 No. 132 | Regulations 4 and 5 |
The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations (Northern Ireland) 1992 | 1992 No. 6 | Regulation 9 |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1992 | 1992 No. 394 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1993 | 1993 No. 99 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1994 | 1994 No. 68 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1995 | 1995 No. 190 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1996 | 1996 No. 423 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 | 1996 No. 571 | The whole Regulations |
The Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 | 1997 No. 155 | Regulation 1(2), insofar as it relates to "the Social Fund Regulations", and regulation 2 |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1997 | 1997 No. 472 | The whole Regulations |
The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999 | 1999 No. 385 | The references to the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 in Parts I and II of Schedule 2 |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 1999 | 1999 No. 499 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 2000 | 2000 No. 49 | The whole Regulations |
The Social Fund (Winter Fuel Payment and Maternity and Funeral Expenses (General)) Regulations (Northern Ireland) 2000 | 2000 No. 259 | Regulations 1(2) and 3 |
The Social Security (Capital Disregards and Recovery of Benefits Amendment) Regulations (Northern Ireland) 2001 | 2001 No. 150 | Regulation 3 |
The Social Security (Capital Disregards Amendment No. 2) Regulations (Northern Ireland) 2001 | 2001 No. 157 | Regulation 3 |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 2001 | 2001 No. 318 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland 2002 | 2002 No. 14 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 2) Regulations (Northern Ireland) 2002 | 2002 No. 90 | The whole Regulations |
The Social Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 | 2002 No. 284 | Regulation 3 |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 2003 | 2003 No. 117 | The whole Regulations |
The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 | 2003 No. 191 | Regulation 25(1) and (2) |
The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 | 2003 No. 195 | Paragraph 2 of Schedule 4 |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 2) Regulations (Northern Ireland) 2003 | 2003 No. 264 | The whole Regulations |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 3) Regulations (Northern Ireland) 2003 | 2003 No. 308 | The whole Regulations |
The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2004 | 2004 No. 213 | Regulation 6 |
The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 2004 | 2004 No. 408 | The whole Regulations |
The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 | 2005 No. 458 | Regulation 2 |
[2] See Article 8(b) of S.R. 1999 No. 481back
[5] Regulation 14 was amended by regulation 6 of S.R. 1990 No. 131 and paragraph 2 of Schedule 1 to S.R. 2003 No. 1back
[6] Regulation 76 was amended by paragraph 2 of Schedule 3 to S.R. 2003 No. 1back
[8] S.I. 2002/2007; words inserted by regulation 6(6) of S.R. 2003 No. 338back
[10] S.I. 1995/2705 (N.I. 15). Article 2(2) was amended by Article 56 of, and paragraph 2 of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 S.I. 1999/3147 (N.I. 11)back
[12] Section 125 was amended by paragraph 14 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 31 of Schedule 1 and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 S.I. 1994/1898 (N.I. 12) and Article 18 of S.R. 2005 No. 82back
[13] S.R. 1987 No. 465; regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156back
[14] S.I. 1976/1041 (N.I. 14) as amended by Article 3 of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10))back
[15] The definitions of "Abbeyfield Home" and "independent hospital" were inserted by, and the definitions of "nursing home" and "residential care home" were substituted by, paragraph 1 of Schedule 1 to S.R. 2005 No. 458back
[16] Regulation 16(2) was substituted by regulation 4(6)(b) of S.R. 1993 No. 373 and regulation 16(3) was amended by paragraph (2) of Schedule 1 to S.R. 1993 No. 149 and by regulation 5(5) of S.R. 1996 No. 405back
[17] Regulation 78(2) was amended by paragraph 33(b) of Schedule 2 to S.R. 2000 No. 350; regulation 78(3) was amended by paragraph 33(c) of Schedule 2 to S.R. 2000 No. 350; regulation 78(3)(b) was substituted by regulation 18 of S.R. 1996 No. 358; and regulation 78(3)(c) was amended by paragraph 33(c) of Schedule 2 to S.R. 2000 No. 350back
[21] O.J. No. L257, 19.10.68, p. 2back
[22] O.J. No. L142, 1.7.70, p. 24back
[23] O.J. No. L257, 18.10.68, p. 13back
[24] O.J. No. L172, 28.6.73, p. 14back
[25] The definition of "a course of advanced education" was substituted by regulation 5(8)(a) of S.R. 1996 No. 405 and amended by regulation 5(2)(a) of S.R. 2004 No. 300back
[27] S.R. 1975 No. 109; the relevant amending rule is S.R. 1992 No. 453back
[28] S.I. 1975/555; the relevant amending instrument is S.I. 1992/2595back
[30] See section 146(2) of the Contributions and Benefits (Northern Ireland) Act 1992 for a definition of "war disablement pension"back
[31] "the Macfarlane Trust" was inserted by regulation 2(b) of S.R. 1988 No. 146; "the Macfarlane (Special Payments) Trust" was inserted by regulation 4(2) of S.R. 1990 No. 33; "the Macfarlane (Special Payments) (No. 2) Trust" was inserted by regulation 4(2) of S.R. 1991 No. 204; "the Fund" was inserted by regulation 5(2)(a) of S.R. 1992 No. 201; "the Eileen Trust" was inserted by regulation 5(2)(a) of S.R. 1993 No. 233; "the Skipton Fund" was inserted by regulation 2(b)(i) of S.R. 2004 No. 213back