The Funeral Expense Assistance and Young Carer Grants (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2020

Made: 25th March 2020

Coming into force: 1st April 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 28, 34 and 95 of the Social Security (Scotland) Act 2018 and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 97(2) of that Act, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as the Ministers consider appropriate.

Citation and commencement

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These Regulations may be cited as the Funeral Expense Assistance and Young Carer Grants (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2020 and come into force on 1 April 2020.

Interpretation

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In these Regulations—

• “the Young Carer Grants Regulations” means the Carer's Assistance (Young Carer Grants) (Scotland) Regulations 2019 , and

• “the Funeral Expense Assistance Regulations” means the Funeral Expense Assistance (Scotland) Regulations 2019 .

Amendment of the Young Carer Grants Regulations

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• (1) The Young Carer Grants Regulations are amended as follows.

• (2) In regulation 7 (further eligibility conditions: non-entitlement to Young Carer Grant while subject to immigration control), omit paragraph (7).

• (3) In regulation 12 (amount and form of young carer grants) in paragraph (1), for “£300” substitute “ £305.10 ”.

Saving provision: the Young Carer Grants Regulations

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• (1) Where paragraph (2) applies, regulation 12(1) of the Young Carer Grants Regulations continues to have effect on and after 1 April 2020 in relation to the amount of assistance to be given to that individual as it did immediately before that date.

• (2) This paragraph applies where the individual's application for a young carer grant was made before 1 April 2020.

• (3) In this regulation, reference to the individual's application being made is to be construed in accordance with regulation 4 (making of applications) of the Young Carer Grants Regulations.

Amendment of the Funeral Expense Assistance Regulations

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• (1) The Funeral Expense Assistance Regulations are amended as follows.

• (2) In regulation 11 (estate of deceased person) in paragraph (3), after “burial club,” insert “ pre-paid funeral plan, ”.

• (3) In regulation 13 (amount of funeral expense assistance)—

• (a) in paragraph (1)(b), for “£700” substitute “ £1000 ”,

• (b) in paragraph (4)(b), for “£20” substitute “ £20.35 ”, and

• (c) in paragraph (6)—

• (i) in the opening words, for “£120” substitute “ £122.05 ”, and

• (ii) for sub-paragraph (a) substitute—

has left in place a pre-paid funeral plan, and

• (4) In regulation 14 (Deductions from an award of funeral expense assistance) in paragraph 1(b)—

• (a) omit “pre-paid funeral plan,” and

• (b) omit “plan,” where it occurs later in the paragraph.

Saving and transitional provision: the Funeral Expense Assistance Regulations

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• (1) Where paragraph (2) applies to an individual—

• (a) regulation 13(1)(b) and (4)(b) of the Funeral Expense Assistance Regulations continue to have effect on and after 1 April 2020 in relation to the amount of assistance to be given to that individual as they did immediately before that date, and

• (b) regulation 13(6) has effect as if only regulation 5(1) (2), (3)(c)(ii) and (4) of these Regulations is in force.

• (2) This paragraph applies where the individual's application for funeral expense assistance was made before 1 April 2020.

• (3) In this regulation, reference to the individual's application being made is to be construed in accordance with regulation 3 (applications) of the Funeral Expense Assistance Regulations.

Signed

JEANE FREEMAN — A member of the Scottish Government — 25th March 2020

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 asp 9.

[^f00002]: S.S.I. 2019/324.

[^f00003]: S.S.I. 2019/292.

Editorial notes

[^c24044311]: 2018 asp 9.

[^c24044321]: S.S.I. 2019/324.

[^c24044331]: S.S.I. 2019/292.