Funeral Expense Assistance (Scotland) Amendment Regulations 2024: equality impact assessment

Key Findings

Many of the changes we are making are of a technical nature, designed to support bereaved clients and future proof regulations.

The overall feedback from the Funeral Poverty and Funeral Support Payment reference group was positive and members were broadly supportive of the changes. There was an acknowledgement that the application of a reasonability test could improve equity of access to FSP. There was also an acknowledgement that the proposed change would have a positive impact for island communities as crematoriums tend to be on the mainland and this proposed change gives greater choice for island communities.

The proposal to extend provision to allow for a FSP award to be made when a funeral is held outwith the UK in exceptional circumstances is deemed to have positive impacts from an equalities perspective. It was noted during an additional stakeholder engagement session that repatriation of a body can be expensive, and a family may want to have a cremation abroad before bringing the ashes back home.

No negative impacts were identified when we engaged with stakeholders in relation to the proposal to ensure that EU/EEA/Swiss citizens, including Irish citizens, who have obtained leave to remain in the UK by means other than the EU settlement scheme and would have been entitled to support for funerals abroad (EU member states, Iceland, Liechtenstein, Norway or Switzerland) prior to 31 December 2020 continue to be entitled to an award of FSP, assuming all eligibility criteria are met.

Scottish Women’s convention raised a point around those who have applied for EU passports to keep their EU citizenship but were advised this would not impact on the provision for the citizens with acquired rights under the UK-EU Withdrawal Agreement or those who had another legal route to enter or remain in the UK. Scottish Women's Convention did not identify any other negative impacts.

There were no concerns raised in relation to the change to deduct any available assets of the deceased that can be used for funeral costs from the award of Funeral Support Payment in all cases. One stakeholder asked if property would be taken into consideration but was assured that property would not be taken into consideration when determining eligibility or level of award. Property would only be considered after the award has been made, in cases where recovery may be possible.

The proposal to include alkaline hydrolysis within the scope of the regulations was positively received by stakeholders with acknowledgements that funeral directors are keen to see alkaline hydrolysis introduced. Benefits were identified in relation to choice for bereaved people, environmental benefits and accessibility. Future proofing regulations ahead of any potential introduction of alkaline hydrolysis in Scotland was also identified as a positive step.

It should also be noted that some stakeholders felt these changes do not go far enough for those who are facing abject poverty and that those in the lower socioeconomic groups could have better targeted support such as an increase to the flat rate payment.

Disability – summary of findings

Analysis of Social Security Scotland client diversity and equalities data published in August 2023^[14] shows that from June 2021 to March 2023 30% of FSP clients who applied for FSP (3,595) had a physical or mental health condition or illness or illness lasting or expected to last 12 months or more. 3,185 of these clients had a decision on eligibility with 2,595 applications approved, an 82% approval rate for this cohort.

The relatively high overall percentage (30%) reporting a physical or mental illness expected to last 12 months or more may relate to the older ages of clients applying for Funeral Support Payment, making them more likely to have a health condition or illness.

The proposal to introduce a full reasonability test when a person has been buried or cremated outwith the area in which they resided to allow reasonable costs to be awarded may have a positive benefit for disabled people. The closest crematorium or burial ground is not always within the local authority area where the deceased was ordinarily resident. The change to legislation may help ensure that disabled people receive an award for any additional costs incurred for a funeral that takes place within the UK but outside the local authority area where the deceased resided. We know that transport costs are often higher for disabled people and these costs may be covered by FSP.

We did not identify any other impact on disabled people.

Race – summary of findings

In Scotland, 5% of the adult population belong to minority ethnic groups.^[15] Analysis of client diversity and equalities data shows that, based on responses to the survey, from 1 June 2021 to 31 March 2023 for FSP:

• 74% of respondents identified as white (6,170 approved applications, 79% of applications approved);
• 23% of respondents preferred not to say (2,105 approved applications, 85% approval rate).
• 1% of respondents identified as Asian (65 approved applications, 57% approval rate).
• Less than 1% of respondents identified with each of the following ethnic groups: African; Caribbean or Black; mixed or multiple ethnic groups; other.

FSP has a higher proportion of ‘prefer not to say’ responses (23%) than other low income benefits (7%). This may be due to the fact that a higher proportion of applications are phone applications – 35% for Funeral Support Payment compared to 7% for all benefits.

We want to ensure EU/EEA/Swiss citizens who were living in the UK before 31 December 2020 and would have been entitled to support for funerals abroad (in EU member states, Iceland, Liechtenstein, Norway or Switzerland) are not disadvantaged by the UK exit from the EU. Current regulations do not bring EU/EEA/Swiss citizens, including Irish citizens, who have leave to enter or remain in the UK, other than under the EU Settlement Scheme, within the scope of Funeral Support Payment for a funeral in EU/EEA or Switzerland. This is due, in part, to EU/EEA/Swiss citizens, including Irish citizens, being advised that they did not have to apply to the EU settlement scheme if they had another legal route to enter or remain in the UK.

Religion or belief – summary of findings

Analysis of client diversity and equalities data^[16] shows that for FSP applications from 1 June 2021 to 31 March 2023:

• 40% of respondents (3,320 applications approved – 79% approval rate) were from those that identified as having no religion;
• 14% of respondents (1,195 applications approved – 81% approval rate) were from those that identified as Roman Catholic;
• 15% of respondents (1,190 approved applications – 80% approval rate) were from those that identified as Church of Scotland;
• 3% of respondents (205 approved applications – 63% approval rate) were from those that identified as Other Christian;
• 1% of respondents (65 approved applications – 58% approval rate) were from those that identified as Muslim;
• 1% of respondents (50 approved applications – 82% approval rate) were from those that identified in another way; and
• 26% of respondents (2,350 approved applications – 84% approval rate) preferred not to say.

Respondents who identified as Buddhist, Sikh, Jewish, Hindu and Pagan accounted for less than 1% of the total amount of respondents who provided data in relation to their religion. Due to the small numbers involved it is not possible to provide approval rates for these respondents due to disclosure control, in line with common statistical practices to ensure respondents cannot be identified.^[17]

The proposal to introduce a reasonability test when a person has been buried or cremated outwith the area in which they resided to allow reasonable costs to be awarded may have positive impacts from a religious or belief perspective. This change may eliminate potential discrimination if a suitable burial ground, outwith the local authority area in which the deceased resided, is selected due to religious reasons. In these cases, we can award any additional costs incurred.

Age – summary of findings

Analysis of client diversity and equalities data^[18] shows that for approved FSP applications from 1 June 2021 to 31 March 2023:

• 3% of all clients who responded to the survey were from those aged 16-24 – (190 approved applications, 69% approval rate)
• 10% of all clients who responded to the survey were from those aged 25-34 – (790 approved applications, 77% approval rate)
• 13% of all clients who responded to the survey were from those aged 35-44 – (1,170 approved applications, 82% approval rate)
• 46% of all clients who responded to the survey were from those aged 45-65 (3,930 approved applications, 82% approval rate)
• 29% of all clients who responded to the survey were from those aged 65 and over – (2,315 approved applications, 78% approval rate)

The changes we are making will not have a direct impact in relation to age.

Sex – summary of findings

Analysis of client diversity and equalities data^[19] shows that for approved FSP applications from 1 June 2021 to 31 March 2023:

• 49% of all clients who responded to the survey were from those that identified as women – (4,005 applications approved, 79% approval rate)
• 28% of all clients who responded to the survey as men – (2,270 applications approved, 79% approval rate).
• 23% of all clients who responded to the survey prefer not to say (2,095 applications approved, 85% approval rate).
• less than 1% of all clients who responded to the survey identified in another way. (25 applications approved, no percentage approval rate available due to disclosure control).

Women are twice as dependent on social security as men and have less access to resources, assets and occupational pensions. This is due to a number of factors including women being more likely to give up work to care and earning less than men, and challenges in accessing childcare. This situation is even more acute in households where women experience domestic abuse.^[20] Research also shows that Poverty and gender are inextricably linked, and women are more likely to access the social security system.^[21]

We engaged with the Scottish Women’s Convention, and they did not identify any negative impacts of the proposed changes to FSP regulations.

Although our research shows that women are more likely to access Social Security than men, the changes to regulations are largely of a technical nature, designed to support bereaved clients and future proof regulations. The amendments to FSP regulations will not have a direct impact based on the gender of the applicant. Although women are more likely to be awarded FSP, FSP is awarded regardless of the gender of the applicant - assuming eligibility criteria are met.

Pregnancy and maternity – summary of findings

No direct impacts on women because of pregnancy or maternity were identified because of the changes to regulations. FSP can be awarded regardless of whether a woman is pregnant or not.

Gender and reassignment – summary of findings

The policy changes we are making will have no specific impacts for those who are proposing to undergo, undergoing or who have undergone a process for the purpose of reassigning their gender.

Analysis of client diversity and equalities data^[22] shows that for approved FSP applications from 1 June 2021 to 31 March 2023; 1% of all clients who responded to the survey were from those that identified themselves as transgender (30 approved applications, 59% approval rate).

FSP is awarded to someone regardless of gender reassignment. The application form does not require information on the gender of the applicant and uses inclusive forms of address. An Equality monitoring form is offered, but does not need to be completed.

Sexual orientation – summary of findings

The changes to the regulations have no specific impacts on people based on their sexual orientation. FSP is awarded to the applicant, or their partner, if it is deemed reasonable for them to have incurred the costs of the funeral, regardless of their sexual orientation. When applying for FSP the application form only captures essential data. An Equality monitoring form is offered but does not need to be completed.

Analysis of client diversity and equalities data^[23] shows that for approved FSP applications from 1 June 2021 to March 2023:

• 69% of all clients who responded to the survey were from those that identified as heterosexual (5,680 approved applications, 78% approval rate);
• 1% of all clients who responded to the survey were from those that identified as bisexual (45 approved applications, 69% approval rate);
• 1% of all clients who responded to the survey were from those that identified as gay and lesbian (65 approved applications 75% approval rate);
• 2% of all clients who responded to the survey with the response identify in another way (185 approved applications 95% approval rate; and
• 27% of all clients who responded to the survey preferred not to say (2,420 approved applications, 83% approval rate).