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1(1)The regulations must be framed so that an individual's eligibility for funeral expense assistance depends on the individual having met, or being responsible for meeting, the expenses of a funeral.S
(2)The regulations are to define “funeral” for the purpose of determining entitlement to funeral expense assistance.
Commencement Information
I1Sch. 8 para. 1 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
2SThe regulations may make an individual's eligibility depend on where the funeral takes place.
Commencement Information
I2Sch. 8 para. 2 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
3SThe regulations may make an individual's eligibility depend on the individual—
(a)being related to the deceased person, or
(b)having a relationship of a kind described in the regulations with the deceased person immediately before the death.
Commencement Information
I3Sch. 8 para. 3 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
4SThe regulations may make an individual's eligibility depend on the value of the deceased person's estate being below a level specified in the regulations.
Commencement Information
I4Sch. 8 para. 4 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
5SThe regulations may make an individual's eligibility depend on either or both—
(a)the individual being resident and present in a particular place,
(b)the deceased person having been resident and present in a particular place at the date of death.
Commencement Information
I5Sch. 8 para. 5 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
6SThe regulations may make an individual's eligibility depend on the individual's financial circumstances.
Commencement Information
I6Sch. 8 para. 6 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
7SThe regulations may make an individual's eligibility depend on either or both the individual and, immediately before dying, the deceased person—
(a)being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),
(b)being, or not being, eligible or entitled to receive such assistance.
Commencement Information
I7Sch. 8 para. 7 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
8SThe regulations may provide that an individual ceases to be eligible in respect of a funeral unless, by a deadline specified in the regulations—
(a)the individual has applied for funeral expense assistance in respect of the funeral, or
(b)the Scottish Ministers have become required to make a determination of the individual's entitlement to funeral expense assistance in respect of the funeral by regulations under section 52.
Commencement Information
I8Sch. 8 para. 8 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
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