Commissioner's File: CIS/16192/1996
SOCIAL SECURITY ADMINISTRATION ACT 1992
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"7(4) In addition to the costs specified in paragraph (3), the amount of a funeral payment shall include an amount sufficient to meet -
(a) in the case of an interment, the necessary costs of a new or re-opened grave and of the interment; or
(b) in the case of a cremation -
(i) the cremation fee, including medical references;
(ii) the cost of any necessary registered medical practitioner's certificates;
(iii) the amount of a registered medical practitioner's fee for the removal of a heart pace-maker; and
(c) in either case -
(i) the cost of necessary documentation;
(ii) the fee of a Minister of religion;
(iii) any additional expenses arising from a requirement of the religious faith of the deceased, but not in excess of £75.
Manifestly, a claimant is entitled to the cost of either an internment, i.e. a burial, or a cremation. The claimant cannot receive a payment which covers both.
(Signed) D G Rice
(Date) 5 January 1998
Commissioner's File No: CIS/16192/1996
Appellant's Name: E Newberry
This decision is starred because it decides that there is no provision in the social Fund Maternity and Funeral Expenses (Regulations)1997 for a payment to cover the cost of interring ashes in a burial plot.
This would appear to remain true for the Regulations in their current Form.