The Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 (“the Social Fund Regulations”) and the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) in so far as those Regulations relate to claims for payment of maternity and funeral expenses.

In particular, regulation 2(5) codifies the provisions of the Social Fund Regulations whereby the conditions for entitlement to, and payment of, funeral payments are prescribed.

In addition, these Regulations amend the Social Fund Regulations by—

(a) providing simplified criteria relating to which funeral costs may be met (regulation 2(5) (in relation to the new regulation 6A));

(b) providing that only one funeral payment award may be made in respect of each death (regulation 2(3)(b));

(c) providing that maternity payments may be made in respect of children in respect of whom there has been a parental order under the Human Fertilisation and Embryology Act 1990 (regulation 2(4)(a)(ii) and (b)) and that such payments may be made both to the birth parents and to the persons granted a parental order (regulation 2(3)(a));

(d) providing that no funeral payment may be made in certain circumstances, where there are immediate family members or absent parents of the deceased (as defined for the purpose of the Social Fund Regulations) (regulation 2(2)(a)(i) and (ii) and (5) (in relation to the new regulation 6(1)(e)(ii) and (iii), (3) and (4)));

(e) treating the deceased, in certain circumstances, as if he had no partner at the date of death (regulation 2(5) (in relation to the new regulation 6(2)));

(f) providing that where the deceased is a child or a still-born child, the responsible person shall, unless there is an absent parent who is not in receipt of a qualifying benefit, be the person responsible for that child (regulation 2(5) (in relation to the new regulation 6(1)(e)(ii)));

(g) introducing new rules as to what types of payment may be disregarded when making deductions from funeral payments and clarifying what is meant by a funeral plan deducted from a funeral payment and providing that certain amounts should be disregarded for the purpose of such deductions (regulation 2(6));

(h) clarifying the position relating to partners of claimants who are in long-term care (regulation 2(2)(b));

(i) correcting technical errors relating to the qualifying benefits for a funeral payment and to rules on capital and making consequential amendments (regulation 2(2)(a)(iii) and (iv), (5) and (7) (in relation to the new regulation 6(1)(a)(i)) and 8).

These Regulations also amend the Claims and Payments Regulations by amending the period during which claims for maternity payments may be made (regulation 3).

Regulation 4 provides a transitional provision relating to certain provisions in respect of claims for funeral payments in respect of deaths occurring before 7th April 1997.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.