Article 8 Funeral expenses

In Part IV, at the end, there shall be added —

“Funeral expenses

42A

(1)

Where a member of the armed forces dies on or after 7th April 1997 and —

(a)

the funeral took place in the British Islands or the Republic of Ireland,

(b)

within three months of the funeral of the deceased member, either

(i)

a claim is made for funeral expenses, or

(ii)

an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming funeral expenses and a claim is made for such expenses within three months of the date the claim form is sent in response to that enquiry; and

(c)

one of the conditions specified in paragraph (2) is satisfied,

the Secretary of State may defray so much of any reasonable funeral expenses as he may determine, including the cost of transporting the body of the deceased member but only within the area of the British Islands and the Republic of Ireland.

(2)

The conditions specified in this paragraph are —

(a)

the death of the member was due to service;

(b)

the death of the member occurred whilst, in respect of the disablement which gives rise to an award under this Order, he was—

(i)

receiving free in-patient treatment within the meaning of regulation 2(2) of the Social Security (Hospital In-Patient Regulations) 1975^f1 or of any corresponding enactment having effect in Northern Ireland; or

(ii)

provided with accommodation and services under section 65 of the National Health Service Act 1977^f2, section 58 of, or paragraph 14 of Schedule 7A to, the National Health Service (Scotland) Act 1978^f3 or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990^f4 or under any corresponding enactment having effect in Northern Ireland.”