The Social Fund Funeral Expenses (Amendment) Regulations (Northern Ireland) 2018

Made8th March 2018

Coming into operation2nd April 2018

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 1(1) and 5 of the Social Security Administration (Northern Ireland) Act 19921 and sections 134(1)(a) and 171(1), and (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, and now vested in it3.

Citation and Commencement1

These Regulations may be cited as the Social Fund Funeral Expenses (Amendment) Regulations (Northern Ireland) 2018 and come into operation on 2nd April 2018.

Amendment of the Social Security (Claims and Payments) Regulations2

1

The Social Security (Claims and Payments) Regulations (Northern Ireland) 19874 are amended as follows.

2

In regulation 2(1) (interpretation)5, after the definition of “shared additional pension” insert—

“social fund funeral payment” means a funeral payment within the meaning of regulation 7(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 20056;

3

In regulation 32ZA(2) (information given electronically)7 after sub-paragraph (g) insert—

; (ga) a social fund funeral payment.

4

In Schedule 4 (prescribed times for claiming benefit), in the entry in column 2 relating to paragraph 9 (social fund payment in respect of funeral expenses)8 for “3 months” substitute “6 months”.

5

In Schedule 8D9, in paragraph 2(1) (conditions for the use of electronic communication) after “income support” insert “, a social fund funeral payment.”.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations3

The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 are amended in accordance with regulations 4 to 7.

Definition of funeral4

In regulation 2 (interpretation) omit the definition of “funeral”.

Responsible person: residence in care home5

1

In regulation 8(2) (funeral payments: supplementary)10 after sub-paragraph (f) insert—

ff
a person resident in a care establishment within the meaning of regulation 2(3), whose accommodation and care costs are met in whole or in part by a Health and Social Care trust;

2

In this regulation “Health and Social Care trust” means a body as established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 199111.

Amount of funeral payment6

In regulation 9 (amount of funeral payment)—

a

for paragraph (3)(a)(i) substitute—

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

b

omit paragraphs (3)(b)(ii) and (iii);

c

after paragraph (3)(b) insert—

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;

d

in paragraph (8) for “with an exclusive right of burial” substitute “with a right of burial in that plot, whether or not that right is exclusive”.

Deductions from funeral payments7

In regulation 10 (deductions from an award of a funeral payment) omit paragraphs (1)(c), (2) and (3)12.

Sealed with the Official Seal of the Department for Communities on 8th March 2018

(L.S.)Anne McClearyA senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the provisions governing the making of funeral payments from the Social Fund.

Regulation 2 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465) to permit electronic submission of evidence in connection with claims for social fund funeral payments and to extend the period in which claims can be made from 3 months to 6 months after the date of the funeral.

Regulations 4 to 7 amend the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 506).

Regulation 4 removes the definition of “funeral” from the regulations.

Regulation 5 adds residents of care establishments who are supported by Health and Social Care trusts to the list of persons who are not taken into account in determining whether a claimant is responsible for funeral costs.

Regulation 6 clarifies that costs can be claimed in respect of any new burial plot, irrespective of whether that involves an exclusive right to the plot and allows for any costs relating to death certification to be awarded.

Regulation 7 removes the provision allowing for the deduction from funeral payments of contributions received from charitable funds or certain relatives.