The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005

[^key-6f82d8d4160663f3cbb1b91a86c31660]: Word in reg. 3A(2) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018 (S.R. 2018/192), regs. 1(2), 2(2)(c) (with reg. 3)

[^key-0890abebee6e1932a1ddd62f9720e664]: Word in reg. 3A(3) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018 (S.R. 2018/192), regs. 1(2), 2(2)(d) (with reg. 3)

[^key-f4f20756b214ce48150f265132b9ddf2]: Reg. 5(6) added (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018 (S.R. 2018/192), regs. 1(2), 2(4) (with reg. 3)

[^key-ba3df3716ec17c1e278958b1f1c1e824]: Words in reg. 4(1) inserted (16.9.2019 immediately after S.S.I. 2019/292 comes into force) by The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019 (S.I. 2019/1060), arts. 1(2)(b), 5(2) (with art. 6)

[^key-16a52d347923b73e19f48cbd81f40365]: Word in reg. 7(2) substituted (16.9.2019 immediately after S.S.I. 2019/292 comes into force) by The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019 (S.I. 2019/1060), arts. 1(2)(b), 5(3)(a) (with art. 6)

[^key-30a30e50f4d2c845eba3bd9a7ea9ceaf]: Reg. 7(9A) inserted (16.9.2019 immediately after S.S.I. 2019/292 comes into force) by The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019 (S.I. 2019/1060), arts. 1(2)(b), 5(3)(b) (with art. 6)

[^key-791b82ddbf10a4c2e590a2f176d87ecd]: Words in reg. 2(1) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 104 (with regs. 6-9)

[^key-bf3f2b11fa7c794884fee378731db128]: Sum in Reg. 9(3)(g) substituted (8.4.2020) by The Social Fund Funeral Expenses Payment (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/62), regs. 1, 2(a) (with reg. 3)

[^key-8251673d9e93f29054d7d3f855463654]: Sum in Reg. 9(10)(b) substituted (8.4.2020) by The Social Fund Funeral Expenses Payment (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/62), regs. 1, 2(b) (with reg. 3)

[^key-af055de190312b81c906d4ec6695a2e1]: Word in reg. 9(3)(a)(ii) substituted (22.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/148), regs. 1, 2

[^key-7ec993a757c39091e2a43acef421eb9a]: Reg. 7(10) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 63(2)(a)

[^key-9816b0fa72ca5506d5a0ea56f3604974]: Reg. 7(11) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 63(2)(b)

[^key-6f3f15ceed34d57a1c62db0ab164a511]: Words in reg. 7(9)(a) substituted (19.2.2021) by The Social Fund Funeral Expenses Payment (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/15), regs. 1(1), 2

[^key-a1a85547948087a66a5a9df58d572ef4]: Reg. 4(3) inserted (1.6.2022) by The Social Fund (Child Funeral Fund) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/179), regs. 1, 5(2)

[^key-cb9391bab83cc3cb26747989958fe055]: Reg. 5(4) omitted (8.6.2023) by virtue of The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/86), regs. 1(1), 3(2)(a)

[^key-f63db98a67b9fb474346fb5fa11600e0]: Word in reg. 5(5) substituted (8.6.2023) by The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/86), regs. 1(1), 3(2)(b)

[^key-26de2f933e47965dc77bf1b622281ab2]: Word in reg. 5(6) substituted (8.6.2023) by The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/86), regs. 1(1), 3(2)(c)

[^key-98b1402e83149e91edb6004e875594c6]: Reg. 5A(8)-(10) inserted (8.6.2023) by The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/86), regs. 1(1), 3(3)

[^key-776063b42bca68f2b98361e8f2b5e4e4]: Reg. 10(1A)(ca) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 40

[^key-6a30a20f204417cdea120189aef0c8a9]: Words in reg. 2(1) inserted (11.12.2023) by The Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/190), regs. 1, 2

[^key-ec89194691eef4c1788fe79194a2e72c]: Reg. 10(1A)(ea) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 26(2)

[^key-aae3abd0d09b0e5d420f02306038bdb8]: Word in reg. 10(1A)(ca) omitted (15.3.2026) by virtue of The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 45

[^key-810a99b83fa2ded361670bed26fb1562]: Reg. 10(1A)(cza) inserted (16.7.2026) by The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 (S.I. 2026/679), arts. 1(1), 12(a)

[^key-dd05abac93187c7588dfb34ab7b696fd]: Reg. 10(1A)(cc) inserted (16.7.2026) by The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 (S.I. 2026/679), arts. 1(1), 12(b)

Explanatory note

(This note is not part of the Regulations.)

These Regulations revoke and replace, with a few minor changes, the Social Fund Maternity and Funeral Payment Expenses (General) Regulations (Northern Ireland) 1987 (“the 1987 Regulations”) and provisions amending those Regulations. They make provision under section 134(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 for payments to be made out of the social fund to meet maternity expenses and funeral expenses (referred to in these Regulations as “Sure Start Maternity Grants” and “funeral payments” respectively).

In Part I, regulations 1 and 2 are formal and contain interpretation provisions. Regulation 3 revokes the 1987 Regulations and amending provisions. Regulation 4 provides that two payments shall not be made in respect of the same expenses.

Part II deals with maternity payments. Regulation 5 prescribes the circumstances in which such payments are to be made and the appropriate amount. Regulation 6 sets out the special rules on entitlement which apply to persons affected by a trade dispute.

Part III makes provision for funeral payments. Regulations 7 and 8 set out the circumstances in which funeral payments are to be made. Regulation 9 prescribes how the amount of a funeral payment is to be arrived at. Regulation 10 prescribes certain deductions from such a payment.

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.

A regulatory impact assessment had not been produced for this rule as it has no impact on the costs of 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]: S.R. 1987 No. 459

[^f00004]: S.R. 1996 No. 198

[^f00005]: Regulation 14 was amended by regulation 6 of S.R. 1990 No. 131 and paragraph 2 of Schedule 1 to S.R. 2003 No. 1

[^f00006]: Regulation 76 was amended by paragraph 2 of Schedule 3 to S.R. 2003 No. 1

[^f00007]: 2002 c. 21

[^f00010]: S.I. 1995/2705 (N.I. 15). Article 2(2) was amended by Article 56 of, and paragraph 2 of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 S.I. 1999/3147 (N.I. 11)

[^f00011]: 1993 c. 49

[^f00012]: Section 125 was amended by paragraph 14 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 31 of Schedule 1 and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 S.I. 1994/1898 (N.I. 12) and Article 18 of S.R. 2005 No. 82

[^f00013]: S.R. 1987 No. 465; regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156

[^f00014]: S.I. 1976/1041 (N.I. 14) as amended by Article 3 of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10))

[^f00015]: The definitions of “Abbeyfield Home” and “independent hospital” were inserted by, and the definitions of “nursing home” and “residential care home” were substituted by, paragraph 1 of Schedule 1 to S.R. 2005 No. 458

[^f00016]: Regulation 16(2) was substituted by regulation 4(6)(b) of S.R. 1993 No. 373 and regulation 16(3) was amended by paragraph (2) of Schedule 1 to S.R. 1993 No. 149 and by regulation 5(5) of S.R. 1996 No. 405

[^f00017]: Regulation 78(2) was amended by paragraph 33(b) of Schedule 2 to S.R. 2000 No. 350; regulation 78(3) was amended by paragraph 33(c) of Schedule 2 to S.R. 2000 No. 350; regulation 78(3)(b) was substituted by regulation 18 of S.R. 1996 No. 358; and regulation 78(3)(c) was amended by paragraph 33(c) of Schedule 2 to S.R. 2000 No. 350

[^f00018]: 1954 c. 33 (N.I.)

[^f00025]: The definition of “a course of advanced education” was substituted by regulation 5(8)(a) of S.R. 1996 No. 405 and amended by regulation 5(2)(a) of S.R. 2004 No. 300

[^f00026]: 1999. c. 33

[^f00027]: S.R. 1975 No. 109; the relevant amending rule is S.R. 1992 No. 453

[^f00028]: S.I. 1975/555; the relevant amending instrument is S.I. 1992/2595

[^f00029]: S.I. 1992/3146

[^f00030]: See section 146(2) of the Contributions and Benefits (Northern Ireland) Act 1992 for a definition of “war disablement pension”