The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations 2023

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005

3.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations 2005(1) are amended as follows.

(2) In regulation 5 (entitlement to Sure Start Maternity Grant)—

(a) omit paragraph (4);

(b) in paragraph (5), for “fourth” substitute “third”;

(c) in paragraph (6), for “fifth” substitute “fourth”.

(3) At the end of regulation 5A (entitlement to Sure Start Maternity Grant where another member of the claimant’s family is under the age of 16)(2) insert—

“(8) A Sure Start Maternity Grant shall be awarded if—

(a) at the date of claim, any existing member of the family is under the age of 16;

(b) the claimant is a person to whom paragraph (9) or (10) applies;

(c) no Sure Start Maternity Grant has been awarded to the claimant—

(i) where the claimant is a person to whom paragraph (9) applies, on or after 15th August 2021;

(ii) where the claimant is a person to whom paragraph (10) applies, on or after 24th February 2022; and

(d) the other conditions for entitlement to the grant are satisfied.

(9) This paragraph applies where the claimant is—

(a) a person who is granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 (“the 1971 Act”) by virtue of—

(i) Appendix Afghan Relocations and Assistance Policy of those rules; or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(b) a person in Great Britain not coming within sub-paragraph (a) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021.

(10) This paragraph applies where the claimant is a person who was residing in Ukraine immediately before 1st January 2022, who left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and who —

(a) has a right of abode in the United Kingdom within the meaning given in section 2 of the 1971 Act;

(b) has been granted leave in accordance with immigration rules made under section 3(2) of the 1971 Act;

(c) has been granted, or is deemed to have been granted, leave outside those rules; or

(d) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the 1971 Act.”.

(1)

S.I. 2005/3061. Relevant amending instruments are S.I. 2012/1814 and 2018/1138.

(2)

Regulation 5A is inserted by S.I. 2012/1814.