The Social Fund Maternity and Funeral Expenses (General) Regulations 2005

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—

(a) where the deceased is buried—

[F1 (i) the necessary costs of obtaining a new burial plot for the deceased and a right of burial in that plot, whether or not that right is exclusive]

(ii) the fees levied in respect of a burial by the authority or person responsible for the provision and maintenance of cemeteries for the area where the burial takes place, [F2 and] the fees levied by a private grave-digger, in so far as it is necessary to incur those fees;

(b) where the deceased is cremated—

(i) the fees levied in respect of a cremation by the authority or person responsible for the provision and maintenance of crematoria for the area where the cremation takes place in so far as it is necessary to incur those fees;

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the fee payable for the removal of any device as defined for the purposes of the Active Implantable Medical Devices Regulations 1992M1 save that, where that removal is carried out by a person who is not a registered medical practitioner, no more than £20 shall be met in respect of that fee;

[F4 (ba) the cost of obtaining any medical reference, report or other documentation required in connection with the disposal of the body of the deceased, whether by burial, cremation or otherwise;]

(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—

(i) the distance travelled, in the case of a funeral which consists of a burial where no costs have been incurred under sub-paragraph (a)(i) above, exceeds 80 kilometres; or

(ii) the distance travelled, in the case of any other funeral, necessarily exceeds 80 kilometres,

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 [F5 £1,000] 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—

(a) in a case to which paragraph (3)(d) applies, the combined distance from the funeral director's premises or the deceased's place of rest to the place of death and of the return journey;

(b) in a case to which paragraph (3)(e) applies, the combined distance from the funeral director's premises or the deceased's place of rest to the funeral and of the return journey.

(7) The cost of items and services referred to in paragraph (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—

(a) paragraph (3)(a)(i) and (ii), and

(b) where appropriate, paragraph (3)(e)(ii),

if it had been necessary to purchase for the deceased a new burial plot [F6 with a right of burial in that plot, whether or not that right is exclusive].

(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—

(a) no funeral payment shall be made in respect of items or services referred to in paragraph (3) which have been provided under such a plan or arrangement; and

(b) paragraph (3)(g) shall have effect in relation to that particular claim as if for the sum “[F7 £1,000]", there were substituted the sum “£120”.

Textual Amendments

F1 Reg. 9(3)(a)(i) substituted (2.4.2018) by The Social Fund Funeral Expenses Amendment Regulations 2018 (S.I. 2018/61), regs. 1, 6(a)

F2 Word in reg. 9(3)(a)(ii) substituted (9.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020 (S.I. 2020/600), regs. 1(1), 2(2)

F3 Reg. 9(3)(b)(ii)(iii) omitted (2.4.2018) by virtue of The Social Fund Funeral Expenses Amendment Regulations 2018 (S.I. 2018/61), regs. 1, 6(b)

F4 Reg. 9(3)(ba) inserted (2.4.2018) by The Social Fund Funeral Expenses Amendment Regulations 2018 (S.I. 2018/61), regs. 1, 6(c)

F5 Sum in reg. 9(3)(g) substituted (8.4.2020) by The Social Fund Funeral Expenses Payment (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/405), regs. 1(1), 2(a) (with reg. 3)

F6 Words in reg. 9(8) substituted (2.4.2018) by The Social Fund Funeral Expenses Amendment Regulations 2018 (S.I. 2018/61), regs. 1, 6(d)

F7 Sum in reg. 9(10)(b) substituted (8.4.2020) by The Social Fund Funeral Expenses Payment (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/405), regs. 1(1), 2(b) (with reg. 3)

Marginal Citations

M1 S.I. 1992/3146.