Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481) in so far as those Regulations relate to claims for payment of funeral expenses.
Regulation 3 amends regulation 7 so as to limit the scope of tests which operate so as to restrict eligibility for payments.
In general, where there is no surviving partner of the deceased and the deceased is not a child, there are two stages in determining whether the applicant is entitled to a funeral payment—
under the “immediate family member test” no help is given if there is a parent, son or daughter and neither they nor their partner has been awarded one of the qualifying benefits;
under the “nature and extent of contact test” no help is given if a close relative had closer contact with the deceased than the person making the claim: where this is not the case but a close relative had equally close contact with the deceased and neither they nor their partner had been awarded a qualifying benefit, no help will be given.
Regulation 3 makes provision for these tests to be disapplied in respect of family members ordinarily resident outside the United Kingdom.
Regulation 4 amends regulation 7A so as to provide for the payment of fees levied by private contractors in respect of a burial.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.