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The Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2001

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Statutory Instruments

2001 No. 3023

SOCIAL SECURITY

The Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2001

Made

4th September 2001

Laid before Parliament

10th September 2001

Coming into force

8th October 2001

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), 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 Regulations 2001 and shall come into force on 8th October 2001.

(2) In these Regulations, “the General Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987(3).

Amendment of the General Regulations

2.—(1) There shall be inserted in paragraph (4) of regulation 7 of the General Regulations (entitlement), after sub-paragraph (a)—

“(aa)a person in receipt of asylum support under section 95 of the Immigration and Asylum Act 1999(4);”.

(2) In paragraph (6) of regulation 7 of the General Regulations, the words from “;or” at the end of sub-paragraph (b) to “both aged under 60, £500” at the end of sub-paragraph (c) shall be omitted.

(3) Regulation 9 of the General Regulations (effect of capital) shall be omitted.

Transitional provision

3.  These Regulations shall not have effect with respect to any claim for a Sure Start Maternity Grant or a funeral payment made before 8th October 2001.

Signed by authority of the Secretary of State for Work and Pensions.

Maria Eagle

Parliamentary Under Secretary of State

Department for Work and Pensions

4th September 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481) in relation to the “immediate family” and “close relative” conditions of entitlement to a funeral payment and by abolishing the capital rules in relation to claims for Sure Start Maternity Grants and funeral payments. They apply to claims made on or after 8th October 2001.

These Regulations do not impose a charge on business.

(1)

1992 c. 4; section 138(4) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”. Section 138 was amended by Section 70 of the Social Security Act 1998 (c. 14).

(2)

See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1987/481. Relevant amending instruments are S.I. 1989/379, 1990/580, 1995/1229, 1996/1443, 1997/792 and 2538, 1999/3266 and 2000/528.

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