Statutory Instruments
2004 No. 2536
SOCIAL SECURITY
The Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2004
Made
25th September 2004
Laid before Parliament
30th September 2004
Coming into force
25th October 2004
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 138(1)(a) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992( 1 ) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it( 2 ), makes the following Regulations:
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2004 and shall come into force on 25th October 2004.
(2) In these Regulations “the Principal Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987( 3 ).
Application of the Regulations
2. Regulations 3 and 4 shall apply only in respect of claims for funeral expenses from the social fund where the date of death is on or after 25th October 2004.
Amendment of regulation 7 of the Principal Regulations
3. —(1) Regulation 7 of the Principal Regulations( 4 ) (entitlement to payment for funeral expenses) shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (4) omit “or” after sub-paragraph (c) and after sub-paragraph (d) add—
“ ; or
(e)a person ordinarily resident outside the United Kingdom. ” .
(3) For paragraph (7) substitute—
“ (7) Paragraph (6) shall not apply where the close relative who was in closer contact with the deceased than the responsible person or, as the case may be, was in equally close contact with the deceased—
(a) was under the age of 18 at the date of death and was the only close relative (apart from any other person who was under the age of 18 at that date) to whom either sub-paragraph (a) or (b) of paragraph (6) applies; or
(b) is a person ordinarily resident outside the United Kingdom. ” .
Amendment of regulation 7A of the Principal Regulations
4. In regulation 7A of the Principal Regulations( 5 ) (amount of funeral payment), in paragraph (2)(a)(ii) after the words “where the burial takes place” there shall be inserted the words “, or the fees levied by a private grave-digger,”.
Signed by authority of the Secretary of State for Work and Pensions
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th September 2004
1992 c. 4 . Section 138 (1) was substituted by section 70(1) of the Social Security Act 1998 (c. 14) . Section 138(4) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.
See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5) .
S.I. 1987/481 .