
2022 No. 179
Social Security
The Social Fund (Child Funeral Fund) (No. 2) Regulations (Northern Ireland) 2022
Made 31st May 2022
Coming into operation 1st June 2022
The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 134(1)(a) and (4), 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and sections 1(1) and (1C), 5(1)(a), (j), (k) and (1A) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992 and now vested in it.
Citation and commencement
1 
These Regulations may be cited as the Social Fund (Child Funeral Fund) (No. 2) 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;
 “funeral” includes erecting a memorial where there is no body; and
 “qualifying age” means an age less than 18 years old”.
Entitlement
3 

(1) 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-born child as defined in regulation 2(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 or born after the 24th week of gestation;
(b) the funeral takes place on or after 1st June 2022;
(c) the claim is made within the prescribed time of six months from the date of the funeral;
(d) were it not for these Regulations those fees or expenses would be chargeable to a person involved in the organisation of the funeral; and
(e) the service or ceremony takes place in Northern Ireland.
(2) A claimant’s entitlement to a Child Funeral Fund payment is not prevented where burial or cremation, or in a case where there is no body, the erection of a memorial, takes place in the United Kingdom or Republic of Ireland provided—
(a) any service or ceremony takes place in Northern Ireland; and
(b) the conditions in paragraph (1)(a) – (d) are met.
Provisions against double payment
4 
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;
(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; or
(c) a payment has been made in respect of funeral expenses arising from the death of the same person under the Social Fund (Children’s Funeral Fund for England) Regulations 2019.
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) 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) (No. 2) 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 are amended in accordance with paragraph (2).
(2) In regulation 2(1) (interpretation), in the definition of “social fund funeral payment” 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) (No. 2) Regulations (Northern Ireland) 2022”.
Revocation
7 
The Social Fund (Child Funeral Fund) Regulations (Northern Ireland) 2022 are revoked.
Sealed with the Official Seal of the Department for Communities on 31st May 2022.
(L.S.)
Anne McCleary
A senior officer of the Department for Communities
