The Social Fund (Maternity and Funeral Expenses) (General) (Amendment No. 3) Regulations (Northern Ireland) 2003

Made: 17th June 2003

Coming into operation: 6th October 2003

The Department for Social Development, in exercise of the powers conferred by sections 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001], and now vested in it[^f00002], and of all other powers enabling it in that behalf, hereby 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 No. 3) Regulations (Northern Ireland) 2003 and shall come into operation on 6th October 2003.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of regulation 6A of the Social Fund (Maternity and Funeral Expenses) (General) Regulations

2

In regulation 6A(5)(b) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987[^f00004] (amount of funeral payment) for “£100” there shall be substituted “£120”.

Transitional provision

3

Where, in respect of a death which occurs before 6th October 2003, a claim is made for funeral expenses from the social fund, regulation 2 shall not have effect with respect to that claim.

Signed

Sealed with the Official Seal of the Department for Social Development on 17th June 2003.

John O'Neill — Senior Officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 in so far as those Regulations relate to claims for payment of funeral expenses.

In particular, regulation 2 amends regulation 6A(5)(b) so as to increase the amount of the cap on the residuary category of funeral expenses which may be met out of the social fund, where items and services have been provided on the death of the decesased under a pre-paid funeral plan, from £100 to £120 in respect of deaths which occur on or after 6th October 2003.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.

Footnotes

[^f00001]: 1992 c. 7; section 134(1) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

[^f00002]: See Article 8(b) of S.R. 1999 No. 481

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.R. 1987 No. 150; regulations 6 and 6A were substituted for regulation 6 by regulation 2(5) of S.R. 1997 No. 155 and regulation 6A was amended by regulation 6 of S.R. 1997 No. 472, regulation 2(4) of S.R. 1999 No. 499, regulation 2 of S.R. 2003 No. 117 and regulation 2 of S.R. 2003 No. 264