# The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019, Note: Explanatory note


(This note is not part of the Order)
This Order amends social security legislation in Great Britain and Northern Ireland as a consequence of sections 24 and 34 of the Social Security (Scotland) Act 2018 (asp 9) (“the 2018 Act”), and regulations made under section 34, which make provision for the payment by Scottish Ministers of funeral expense assistance, including amounts for the costs of burial or cremation, to qualifying individuals.
This Order also amends social security legislation in Northern Ireland as a consequence of section 32 of the 2018 Act, and regulations made under section 32, which make provision for the payment by Scottish Ministers of early years assistance to qualifying individuals.
Article 1(2) provides that this Order comes into force immediately after the coming into force of the first Regulations made under section 34 of the 2018 Act, except for the single provision relating to early years assistance, which comes into force 21 days after this Order is laid.
Part 2 contains consequential amendments to the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061) (“the 2005 Regulations”) and the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 506) (“the Northern Ireland Regulations”) so that a person who is awarded funeral expense assistance under regulations made under section 34 of the 2018 Act for any funeral expenses is not also eligible to receive a payment under the 2005 Regulations or the Northern Ireland Regulations for those expenses. Additional provisions requiring the claimant to live in England and Wales or Northern Ireland are also inserted, to make it clear that a payment cannot be made under the 2005 Regulations or the Northern Ireland Regulations where an applicant lives in Scotland. Part 2 also contains savings provisions in relation to claims for funeral payments under the 2005 Regulations and the Northern Ireland Regulations that are made before the date on which the first Regulations made under section 34 of the 2018 Act come into force.
Part 3 provides for funeral expense assistance to be disregarded as income or capital in Great Britain when determining a claimant’s entitlement to benefits under the Income Support (General) Regulations (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794).
Article 19 provides for funeral expense assistance to be disregarded as capital only when determining a claimant’s entitlement under the Universal Credit Regulations 2013 (S.I. 2013/376), as income is automatically disregarded in Universal Credit unless listed in regulation 66 (what is included in unearned income) of those Regulations.
Part 3 also provides for funeral expense assistance to be disregarded as income or capital in Northern Ireland when determining a claimant’s entitlement to benefits under the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198), the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No. 28), the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406), and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280).
Article 20 provides for early years assistance and funeral expense assistance to be disregarded as capital only when determining a claimant’s entitlement to benefits in Northern Ireland under the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216), as income is automatically disregarded in Universal Credit unless listed in regulation 66 (what is included as unearned income) of those Regulations.
A full impact assessment has not been produced for this instrument as no impact on the private, voluntary, or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2019/1060/note (the official version)
Page: https://openlegislation.uk/social-security-scotland-act-2018-funeral-expense-assistance-and-early-years-assistance-consequential-modifications-and-savings-order-2019/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.