Explanatory note

These Regulations amend the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481 as amended) (“the General Regulations”).

In particular, these Regulations amend the General Regulations by—

• substituting a new definition of “absent parent” which applies only to the parents of children and not to the parents of still-born children (regulation 3);

• allowing a further funeral payment to be awarded in certain circumstances, notwithstanding the fact that a funeral payment has already been awarded in respect of the death of the same person (regulation 4);

• providing that funeral payments may be awarded to certain persons where the funeral takes place either in the United Kingdom or elsewhere within the European Economic Area (regulation 5(2) and (4));

• clarifying the position as to when funeral payments may be awarded in respect of children and still-born children and where the responsible person is an immediate family member of the deceased (regulation 5(3) and (5));

• ensuring that a funeral payment may only be awarded to the extent that the total cost of burial in an existing plot together with transportation costs does not exceed the amount which would have been awarded in respect of a burial in a new plot (regulation 6(2) and (4));

• providing that funeral payments in respect of expenses of journeys for arranging or attending a funeral shall only be awarded in so far as such expenses are necessary (regulation 6(2) and (4));

• clarifying the references in regulation 7A of the General Regulations to a distance of 50 miles in the context of ascertaining which costs are allowable when awarding a funeral payment (regulation 6(3)).

Regulation 2 provides that these Regulations shall apply only to claims for funeral payments made, or treated as made, on or after 17th November 1997.

These Regulations do not impose a charge on business.