9.—(1) To qualify for funeral expense assistance, the applicant must be ordinarily resident in Scotland at the date of their application for that assistance.
(2) The applicant is not entitled to that assistance unless—
(a)the deceased person was ordinarily resident in the United Kingdom at the date of his or her death, and
[F1(b)the place of the funeral is—
(i)in the United Kingdom,
(ii)in a member state of the EU, Iceland, Liechtenstein, Norway or Switzerland and paragraph (3) applies,
(iii)outside the United Kingdom and paragraph (3B) applies.]
[F2(3) This paragraph applies where the applicant or, where the applicant has a partner, the applicant’s partner—
(a)was prior to IP completion day—
(i)a qualified person within the meaning of regulation 6(1)(b) (worker) or (c) (self-employed person) of the EEA Regulations,
(ii)a person who retained the status referred to in head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations,
(iii)a person who is a family member of a person referred to in head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations,
(iv)a person who had a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations,
(b)is a person granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act (“the EU Settlement Scheme”),
(c)is a person who has made a valid application for indefinite or limited leave to enter, or remain in, the United Kingdom under the EU Settlement Scheme and that application is pending a final decision,
(d)is a person who is a family member within the meaning of Article 9 of the EU withdrawal agreement.
(3A) In paragraph (3) “EEA Regulations” means the Immigration (European Economic Area) Regulations 2016, as in force on 30 December 2020.
(3B) This paragraph applies where the Scottish Ministers consider that there are exceptional circumstances which merit entitlement to assistance for a funeral outside the United Kingdom.]
F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A person is not entitled to funeral expense assistance if, at the time the application is made, the person is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 M1, unless the person falls within a category or description of persons specified in Part 2 of the schedule of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (persons not excluded under section 115 of that Act from entitlement to various social security benefits) M2.
(6) Paragraph (2)(a) does not apply in respect of the funeral of a still-born child.
Textual Amendments
F1Reg. 9(2)(b) substituted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(4)(a) (with reg. 3)
F2Reg. 9(3)-(3B) substituted for reg. 9(3) (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(4)(b) (with reg. 3)
F3Reg. 9(4) omitted (1.4.2021) by virtue of The Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/170), regs. 1(1), 4(2)
Commencement Information
I1Reg. 9 in force at 16.9.2019, see reg. 1
Marginal Citations