2023 No. 545
The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations 2023
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 138(1)(a) and 175(3) and (5) of the Social Security Contributions and Benefits Act 19921 and sections 5(1)(a) and 189(4) of the Social Security Administration Act 19922 (“the Administration Act”).
In accordance with section 173(1)(b) of the Administration Act, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
Citation, commencement, extent and application1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations 2023.
2
These Regulations come into force on 8th June 2023.
3
These Regulations extend to England and Wales and Scotland.
4
These Regulations apply to England and Wales.
Amendment of the Social Security (Claims and Payments) Regulations 19872
After regulation 19(7) of the Social Security (Claims and Payments) Regulations 19873 (time for claiming benefit) insert—
7A
Where—
a
a claim for a social fund payment in respect of maternity expenses (a “relevant social fund payment”) is made by a person to whom paragraph (7B) or (7C) applies; and
b
both of the conditions in paragraph (7D) are met,
sub-paragraphs (a) to (f) of the entry in column (2) of Schedule 4 relating to the relevant social fund payment each have effect as if at the end there were added
“or, if later, 8th December 2023”.7B
This paragraph applies to a person who—
a
is granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 19714 (“the 1971 Act”) where such leave is granted by virtue of—
i
Appendix Afghan Relocations and Assistance Policy of those rules5; or
ii
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme)6; or
b
does not come within sub-paragraph (a) and who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021.
7C
This paragraph applies to 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 Act7;
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 Act8.
7D
The conditions for the purposes of paragraph (7A)(b) are that—
a
at the date of the claim for a relevant social fund payment, there is an existing member of the family (within the meaning given in regulation 5A of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005); and
b
that existing member of the family is under the age of 16 on that date.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 20053
1
The Social Fund Maternity and Funeral Expenses (General) Regulations 20059 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)10 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.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)