Committee
Social Justice and Social Security Committee 07 November 2024
07 Nov 2024 · S6 · Social Justice and Social Security Committee
Item of business
Subordinate Legislation
Funeral Expense Assistance (Scotland) Amendment Regulations 2024 [Draft]
Thank you and good morning. Since its launch in 2019, the funeral support payment has provided more than £51.1 million of support to more than 26,000 people on low incomes, at a time when they most needed it. The improvements proposed in the regulations will provide further support to people who are struggling to pay funeral costs and will help to reduce the burden of debt that a person might face when paying for a loved one’s funeral. The regulations before you are evidence of the Scottish Government’s commitment to the continuous improvement of our social security system. In developing the legislation, we have consulted a range of stakeholders, including third sector organisations and funeral industry experts. We are extending the definition of “funeral” to include alkaline hydrolysis as an alternative to burial or cremation. The Scottish Government recently consulted on whether alkaline hydrolysis should be introduced as a regulated form of body disposal and found 84 per cent of respondents to be in favour. Introducing that amendment now will future proof the regulations to ensure that we can award funeral support payments for people who choose that method, should it become available in Scotland. It will also be brought into scope for people who are eligible for expenses assistance for funerals abroad. In line with our values of dignity, fairness and respect, we are introducing an exceptional circumstance provision for funerals abroad. Doing so will allow us to award a funeral support payment in unique circumstances, such as when disruption due to war or extreme weather events prevents a body from being returned to the United Kingdom for a funeral. As recommended by the Scottish Commission on Social Security during its scrutiny of the regulations, Social Security Scotland will be equipped with robust guidance to support that provision. The regulations also support our commitment to protect the rights given to European Union citizens under the withdrawal agreement. Although Social Security Scotland is not aware of anyone having missed out, the changes will clarify the regulations to ensure that people who, before Brexit, would have been entitled to assistance to pay for a funeral abroad will continue to be entitled to that. To ensure that more people get the correct level of assistance, we are taking away the current restriction on costs for funerals that take place outwith the deceased’s local area. Social Security Scotland will continue to apply a test to ensure that costs are reasonable so that we retain value for money while removing any potential unfairness from the process. That means that we will provide help with costs based on what is reasonable rather than where people lived. Finally, the regulations remove the provision to deny an application if funds to pay for a funeral are available in the estate. Instead, those available funds will be deducted from the award amount. That change means that all cases will be assessed in the same way. We have engaged with the Scottish Fiscal Commission, which has confirmed that it anticipates no significant financial implications for the Scottish Government as a result of the regulations. That is particularly welcome in this challenging fiscal period, as it means that the regulations offer further improvements for the people of Scotland at minimal cost. I extend my thanks to the Scottish Commission on Social Security for its formal scrutiny of the draft amendment regulations earlier this year and for its recommendations, which have strengthened the detail of the regulations that are before us today. I welcome the opportunity to assist the committee in its consideration.
In the same item of business
The Deputy Convener
SNP
Our fifth agenda item is consideration of a Scottish statutory instrument, the Funeral Expense Assistance (Scotland) Amendment Regulations 2024. The instrume...
The Cabinet Secretary for Social Justice (Shirley-Anne Somerville)
SNP
Thank you and good morning. Since its launch in 2019, the funeral support payment has provided more than £51.1 million of support to more than 26,000 people...
The Deputy Convener
SNP
Thank you, cabinet secretary. We will move to the committee’s questions. First, will the regulations and the changes that we are looking at this morning mak...
Shirley-Anne Somerville
SNP
We do not believe that the changes will make it significantly more likely that people will apply for support for funerals outwith their local area. The inter...
The Deputy Convener
SNP
That was helpful. Roz McCall, did you want to come in?
Roz McCall (Mid Scotland and Fife) (Con)
Con
Yes, convener. I just want to follow on from that by teasing things out a bit. You have talked about the internal analysis, which I totally understand, but ...
Shirley-Anne Somerville
SNP
Currently, we do not intend to publish information on funerals outwith the local area, and that is because the data held by Social Security Scotland is not d...
Roz McCall
Con
With the possibility of putting such a process in place, if need be.
Shirley-Anne Somerville
SNP
Yes.
Roz McCall
Con
Thank you.
Marie McNair (Clydebank and Milngavie) (SNP)
SNP
Good morning. In your opening remarks, cabinet secretary, you touched on allowing funeral support payments to be paid outwith the UK. What circumstances migh...
Shirley-Anne Somerville
SNP
Clearly, although there will be guidance that will give Social Security Scotland case managers the ability to assess matters, it is very important that we do...
Marie McNair
SNP
That was much appreciated. Thank you.
Katy Clark (West Scotland) (Lab)
Lab
Good morning, cabinet secretary. What statistical information will Social Security Scotland publish on the funeral support payment awarded for funerals outwi...
Shirley-Anne Somerville
SNP
The number of awards made outwith the UK is exceptionally small; currently, it is less than 1 per cent of all applications. That, in essence, means that the ...
Katy Clark
Lab
Thank you.
Paul O’Kane (West Scotland) (Lab)
Lab
Good morning. In your opening remarks, cabinet secretary, you mentioned the alkaline hydrolysis procedure and the payment being available to cover it—I think...
Shirley-Anne Somerville
SNP
I will say a little bit, convener, but perhaps my colleague the Minister for Public Health and Women’s Health can write to the committee with further details...
The Deputy Convener
SNP
Did you want to follow up on that, Mr O’Kane?
Paul O’Kane
Lab
No, except to say that that would be helpful to the committee, if it were possible.
Liz Smith (Mid Scotland and Fife) (Con)
Con
I have no issues with the instrument whatsoever; the Conservatives are very happy with it. However, cabinet secretary, I would like to probe a little bit fur...
Shirley-Anne Somerville
SNP
The issue of having the right data is one that the committee has discussed before. As I have said to the committee, there is an on-going process within Socia...
Liz Smith
Con
That was very helpful, because this is a huge area. The Scottish Fiscal Commission’s predictions with regard to fiscal spend over the next 50 years, whether ...
Shirley-Anne Somerville
SNP
I would just point to the £1.1 billion over the block grant adjustment that the Scottish Government invests in Social Security Scotland. Clearly, a large par...
Liz Smith
Con
I do not disagree with you, cabinet secretary, but I note that, in its most recent report, the Joseph Rowntree Foundation makes the point that it is quite di...
Shirley-Anne Somerville
SNP
I will certainly be able to provide further advice on that in writing.
The Deputy Convener
SNP
Thank you, cabinet secretary. Before we move to agenda item 6, it is worth putting it on the record that the committee did a very brief inquiry into the Sco...
Shirley-Anne Somerville
SNP
It was a good plug for the committee’s previous work on the matter, which I read with interest, and it is certainly something that we are conscious of, parti...
The Deputy Convener
SNP
Thank you, cabinet secretary—plug noted. As there are no other questions, we move to agenda item 6, which is formal consideration of motion S6M-14591. I inv...
The Deputy Convener
SNP
If no member wishes to make a contribution, I want to put one thing on the record in relation to a constituency interest of mine. A lady called Julie Love s...