Citation and commencement

1.  These Regulations may be cited as the Social Fund (Child Funeral Fund) Regulations (Northern Ireland) 2022 and shall come into operation on 1st June 2022.

Interpretation

2.  In these Regulations—

“ claimant” means the person responsible for the fees and expenses chargeable in the organisation of the funeral of the deceased where the entitlement requirements in regulation 3 have been met;

“ Child Funeral Fund payment” means a one-off lump sum payment of £3056.00; and

“ qualifying age” means an age less than 18 years old”.

Entitlement

3.  A claimant is entitled to a Child Funeral Fund payment where—

(a) the deceased was—

(i) of qualifying age at the time of death; or

(ii) a still-birth as defined in Article 2(2) of the Births and Deaths Registration (Northern Ireland) Order 1976( 4) or born after the 24th week of pregnancy;

(b) the funeral takes place after 1st June 2022;

(c) the funeral takes place in Northern Ireland; and

(d) were it not for these Regulations those fees or expenses would be chargeable to a person involved in the organisation of the funeral.

Provisions against double payment

4.—(1) No payment may be made under these Regulations where a payment has already been made under any other government schemes.

(2) No payment may be made under these Regulations if—

(a) a payment has been made in respect of funeral expenses arising from the death of the same person under the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005( 5); or

(b) a payment has been made in respect of funeral expenses arising from the death of the same person under Regulations made under section 34 of the Social Security (Scotland) Act 2018( 6),

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

5.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 are amended in accordance with paragraph (2).

(2) After regulation 4(2) (provision against double payment: funeral expenses)( 7) insert—

“(3)  No funeral payment may be made under these Regulations for an item or service for which payment has been received under the Social Fund (Child Funeral Fund) Regulations (Northern Ireland) 2022 ”.

Amendment of the Social Security (Claims and Payments) Regulations

6.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987( 8) are amended in accordance with paragraph (2).

(2) In regulation 2(1) (interpretation), in the definition of “social fund funeral payment”( 9) after “Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005” insert, “including social fund payments made under the Social Fund (Child Funeral Fund) Regulations (Northern Ireland) 2022”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.