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

Funeral payments: entitlement

7.—(1) In these Regulations—

(a) “ funeral payment ” means a social fund payment to meet funeral expenses of a deceased person;

(b) “ responsible person ” means the person who accepts responsibility for the funeral expenses.

(2) Subject to regulation 8, a funeral payment shall be made where each of the conditions referred to in paragraphs (3) to (9) is satisfied.

(3) The first condition is that, in respect of the date of the claim for a funeral payment, the responsible person or his partner is a person to whom paragraph (4) applies.

(4) This paragraph applies to a person—

(a) who has an award of—

(i) income support,

(ii) state pension credit,

(iii) income-based jobseeker's allowance,

(iv) working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in the award,

(v) child tax credit payable at a rate higher than the family element,

(vi) housing benefit, F1 ...

(vii) council tax benefit awarded by virtue of the claimant or his partner having fulfilled the conditions of entitlement specified in section 131(3) to (5) of the Act M1 (certain conditions for entitlement to council tax benefit); [F2 or

(viii) income-related employment and support allowance; or]

(b) to whom section 131(6) of the Act applies (by virtue of section 131(7)) where, on a claim for council tax benefit, the conditions of entitlement specified in section 131(3) and (6) for an award of an alternative maximum council tax benefit are fulfilled.

(5) The second condition is that the deceased was ordinarily resident in the United Kingdom at the date of his death.

(6) The third condition is that the claim is made within the prescribed time for claiming a funeral payment.

(7) The fourth condition is that the claimant is the responsible person or the partner of the responsible person.

(8) The fifth condition is that—

(a) the responsible person was the partner of the deceased at the date of death; or

(b) in a case where the deceased was a child and—

(i) there is no absent parent, or

(ii) there is an absent parent who, or whose partner, is a person to whom paragraph (4) applied as at the date of death,

the responsible person was the person, or the partner of the person, responsible for that child for the purposes of Part IX of the Act as at the date of death; or

(c) in a case where the deceased was a still-born child, the responsible person was a parent, or the partner of a parent, of that still-born child as at the date when the child was still-born; or

(d) in a case where the deceased had no partner and neither sub-paragraph (b) nor (c) applies, the responsible person was an immediate family member of the deceased and it is reasonable for the responsible person to accept responsibility for those expenses; or

(e) in a case where the deceased had no partner and none of sub-paragraphs (b), (c) and (d) applies, the responsible person was either—

(i) a close relative of the deceased, or

(ii) a close friend of the deceased,

and it is reasonable for the responsible person to accept responsibility for the funeral expenses.

(9) The sixth condition is that the funeral takes place—

(a) in a case where paragraph (10) applies, in a member State of the European Union, Iceland, Liechtenstein [F3 , Norway or Switzerland];

(b) in any other case, in the United Kingdom.

[F4 ( 10 ) This paragraph applies where the responsible person or his partner is—

(a) a worker for the purposes of Council Directive No. 2004/38/ EC ;

(b) a self-employed person for the purposes of that Directive;

(c) a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;

(d) a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; or

(e) a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive.]

Textual Amendments

F1 Word in reg. 7(4)(a)(vi) omitted (27.10.2008) by virtue of Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 8(4)(a)

F2 Reg. 7(4)(a)(viii) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 8(4)(b)

F3 Words in reg. 7(9)(a) substituted (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026), regs. 1, 8(2)(a) (with reg. 11(2))

F4 Reg. 7(10) substituted (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026), regs. 1, 8(2)(b) (with reg. 11(2))

Modifications etc. (not altering text)

C1 Reg. 7(10) applied (with modifications) (30.4.2006) by Social Security (Persons from Abroad) Amendment Regulations 2006 (S.I. 2006/1026), regs. 1, 10(g) (with reg. 11(2))

Marginal Citations

M1 Section 131 was substituted by section 103 of, and paragraph 4 of Schedule 9 to, the Local Government Finance Act 1992 (c. 14).