The Social Fund (Child Funeral Fund) Regulations (Northern Ireland) 2022

Made: 25th March 2022

Coming into operation: 1st June 2022

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation and commencement

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions against double payment

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security Maternity and Funeral Expenses (General Regulations

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Claims and Payments) Regulations

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Sealed with the Official Seal of the Department for Communities on 25th March 2022

Anne McCleary — A senior officer of the Department for Communities

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations establish the Child Funeral Fund (CFF) as part of the social fund. The CFF will provide a one-off lump sum payment of £3056.00 for a funeral of children below the age of 18 and still-birth children born after 24 weeks’ gestation, where the funeral takes place in Northern Ireland. Payment is non-means tested.

Regulation 1 provides that the Regulations come into operation on 1st June 2022.

Regulation 3 defines the circumstances in which a claimant may be entitled to a Child Funeral Fund payment from the CFF in relation to a funeral. The payment must be in relation to a funeral of a person who had not yet attained the age of 18, or was a still-birth after a 24-week gestation period. The funeral must take place in Northern Ireland on or after 1st June 2022.

Regulation 4 prohibits more than one payment for the same funeral. It also prohibits payments for which money has been paid out under the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 506) or under regulations made under section 34 of the Social Security (Scotland) Act 2018 (asp 9).

Regulation 5 amends the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 to prevent double payment for which the claimant has already received payment from the CFF.

Regulation 6 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to amend the definition of “social fund funeral payment” to include those made under the CFF.

A regulatory impact assessment has not been produced for these Regulations as they have no impact on the costs of business.

Footnotes

[^f00001]: 1992 c. 7; section 134(1)(a) was amended by Part 7 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) S.I. 1995/2705 (N.I. 15)

[^f00002]: 1998 c. 8; section 5(1A) was inserted by Article 104(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)), section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 18(5) of the National Insurance Contributions Act 20914 (c. 7) and paragraphs (5A) and (5B) were inserted by Article 108(1) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))

[^f00003]: See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

[^f00004]: S.I. 1976/1041 (N.I. 14)

[^f00005]: S.R. 2005 No. 506

[^f00006]: 2018 asp 9.

[^f00007]: Regulation 4(2) was amended by paragraph 9(a)(i) of Schedule 5 to S.R. 2017 No. 176

[^f00008]: S.R. 1987 No. 465

[^f00009]: The Definition of “Social Fund Payment” was inserted by regulation 2(2)(c) of S.R. 2005 No. 299

Editorial notes

[^key-2aa979843de955bbd59bbd7800f905eb]: Regulations revoked (1.6.2022) by The Social Fund (Child Funeral Fund) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/179), regs. 1, 7