Regulation 14 Deductions from an award of funeral expense assistanceI1

Scotland

(1)

There is to be deducted from the amount of funeral expense assistance calculated in accordance with regulation 13 any funds or contributions which are available towards meeting the expense of the funeral from—

(a)

any assets of the deceased person F1..., but ignoring any assets described in paragraph (3),

(b)

any F2... insurance policy, burial club, occupational pension scheme, or any similar scheme or arrangement, unless the Scottish Ministers have made a contribution into that F3... policy, club, scheme or arrangement,

(c)

a funeral grant, made out of public funds, in respect of the deceased person having been entitled to a war disablement pension within the meaning of section 17 of the State Pension Credit Act 2002,

F4(d)

a pre-paid funeral plan or analogous arrangement—

(i)

where the plan or arrangement has not been paid in full prior to the death of the deceased, the amount of any sum payable under that plan or arrangement, or

(ii)

where the plan or arrangement has been paid for in full prior to the death of the deceased, the amount of any sum payable under that plan or arrangement for the types of costs described in regulation 13.

(2)

No deduction is to be made under paragraph (1) if the deceased person was under the age of 18 on the day of his or her death.

(3)

For the purposes of paragraph (1)(a), the following sums payable to the estate of the deceased person are to be ignored—

(a)

arrears of any benefit under any enactment relating to social security in any part of the United Kingdom,

(b)

arrears of any assistance provided for by regulations under Parts 2 or 3 of the Social Security (Scotland) Act 2018, or under section 81 (carer's allowance supplement) of that Act.

Annotations

Textual amendments

F1: Words in reg. 14(1)(a) omitted (2.12.2024) by virtue of The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(7)(a) (with reg. 3)
F2: Words in reg. 14(1)(b) omitted (1.4.2020) by virtue of The Funeral Expense Assistance and Young Carer Grants (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/99), regs. 1, 5(4)(a)
F3: Word in reg. 14(1)(b) omitted (1.4.2020) by virtue of The Funeral Expense Assistance and Young Carer Grants (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/99), regs. 1, 5(4)(b)
F4: Reg. 14(1)(d) inserted (2.12.2024) by The Funeral Expense Assistance (Scotland) Amendment Regulations 2024 (S.S.I. 2024/363), regs. 1, 2(7)(b) (with reg. 3)

Commencement

I1: Reg. 14 in force at 16.9.2019, see reg. 1