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Regulation 13 Amount of funeral expense assistanceI1

Scotland

(1)

The amount of funeral expense assistance is—

(a)

an amount calculated by reference to the costs which the person assisted incurs in arranging the funeral, so far as reasonable and of the types described in paragraphs (2) to F1(4A),

(b)

a payment of F2£1327.75, except where paragraph (6) applies, and

(c)

transport costs, so far as reasonable and of the types described in paragraph (7).

(2)

The types of funeral costs for which assistance is given are the costs of—

(a)

burial (see paragraph (3)) F3, cremation (see paragraph 4) or F4... hydrolysis (see paragraph (4A)),),

(b)

if required, any medical references and certificates from a registered medical practitioner, and

(c)

obtaining any documents to release assets of the deceased person for the purposes of regulation 14 (deductions from an award).

(3)

For a burial, the costs are—

(a)

the cost of a new burial plot with a right of burial in it,

(b)

fees levied by the local authority or person responsible for the operation of burials in the area where the burial takes place,

(c)

the cost of grave-digging.

(4)

For a cremation, the costs are—

(a)

fees levied by the local authority or person responsible for the operation of crematoriums in the area where the cremation takes place,

(b)

the fee for removal of any active implantable medical device, within the meaning of the Medical Devices Regulations 2002 M1, subject to a limit of F5£26.80 where the removal is not carried out by a registered medical practitioner.

F6(4A)

For F7a hydrolysis, the costs are fees levied by the local authority or person responsible for the operation of F8hydrolyses in the area where the hydrolysis takes place.

F9(5)

Where the place of the funeral is outside the United Kingdom and the cost of the funeral (including transport costs) exceeds those that would have applied had the funeral taken place in the local authority area where the deceased was ordinarily resident, no assistance is to be given for those additional costs.

(6)

The payment in paragraph (1)(b) is F10£162.05where the deceased person—

F11(a)

has left in place a F12pre-paid funeral plan or analogous arrangement paid for in full prior to the death of the deceased, and

(b)

was aged 18 or over on the day of his or her death.

(7)

The types of transport costs for which assistance is given are the costs of—

(a)

transport within the United Kingdom from the place where the body is situated to a funeral director's premises, to the deceased person's last residence, or to another place where it is appropriate for the body to lie prior to the funeral, plus a return journey, but not including the first 80 kilometres of travel,

(b)

subject to paragraph (8), vehicular transport for the coffin and bearers, and one additional vehicle, from the funeral director's premises or place where the body is lying to the funeral, plus a return journey, but not including the first 80 kilometres of travel,

(c)

one return journey by the person assisted either for the purpose of making arrangements for the funeral or for attendance at the funeral, but not exceeding the cost of a return journey from the person's home to the place of F13the funeral.

(8)

Where assistance is given under paragraph (2)(a) for the costs of a F14funeral, no assistance is to be given for transport costs under paragraph (7)(b) unless—

(a)

the distance travelled necessarily exceeds 80 kilometres, or

(b)

in the case of a burial, where no costs have been incurred for purchase of a burial plot, the distance travelled exceeds 80 kilometres.

Annotations

Textual amendments

F1

Word in reg. 13(1)(a) substituted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(6)(a) (with reg. 3)

F2

Sum in reg. 13(1)(b) substituted (1.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(2), 5(a) (with sch. para. 3)

F3

Words in reg. 13(2)(a) substituted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(6)(b) (with reg. 3)

F4

Words in reg. 13(2)(a) omitted (2.3.2026) by virtue of The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), regs. 1(2), 13(3)(a)

F5

Sum in reg. 13(4)(b) substituted (1.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(2), 5(b) (with sch. para. 3)

F6

Reg. 13(4A) inserted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(6)(c) (with reg. 3)

F7

Word in reg. 13(4A) substituted (2.3.2026) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), regs. 1(2), 13(3)(b)(i)

F8

Words in reg. 13(4A) substituted (2.3.2026) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), regs. 1(2), 13(3)(b)(ii)

F9

Reg. 13(5) substituted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(6)(d) (with reg. 3)

F10

Sum in reg. 13(6) substituted (1.4.2026) by The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 (S.S.I. 2026/170), regs. 1(2), 5(c) (with sch. para. 3)

F11

Reg. 13(6)(a) substituted (1.4.2020) by The Funeral Expense Assistance and Young Carer Grants (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/99), regs. 1, 5(3)(c)(ii) (with reg. 6(1)(b)(2)(3))

F12

Words in reg. 13(6)(a) substituted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(6)(e) (with reg. 3)

F13

Words in reg. 13(7)(c) substituted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(6)(f) (with reg. 3)

F14

Word in reg. 13(8) substituted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(6)(g) (with reg. 3)

Marginal citations

M1

S.I. 2002/618.

Commencement

I1

Reg. 13 in force at 16.9.2019, see reg. 1