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

Recommendations and Conclusion

This EqIA has identified that the Funeral Expense Assistance (Scotland) Amendment Regulations 2024 have potential to have positive impacts for those who share protected characteristics, specifically disability, race and religion and belief.

The main risk to the desired outcomes being achieved is if eligible individuals are not aware of their entitlement. The Scottish Government issued its most recent benefit take-up publication in November 2023. The take-up rate for Funeral Support Payment during 2022-23 was estimated to be 61%.^[24] It is worth noting that not everyone who is entitled to FSP will apply as some people make provisions for their own funeral.

The changes to FSP regulations are largely operational and procedural rather than widening eligibility. We will, however, continue working with Social Security Scotland Communications and National Stakeholder Engagement colleagues to develop a communications and engagement plan ahead of the amendment regulations coming into force.

Monitoring

The Scottish Commission on Social Security (SCoSS) is an advisory non-departmental public body set up to provide independent scrutiny of the Scottish social security system (including benefit regulations).

SCoSS have scrutinised these regulations and provided feedback recommending that we make it clear that we can use costs outside the deceased’s local authority area when carrying out a cost comparison for funerals abroad. If a cost comparison cannot be made because the type of funeral could not have taken place, for example if there is no crematorium in the local authority where the deceased was resident, then reasonable costs will be considered. SCoSS also recommended that we develop guidance on what would constitute an exceptional circumstance that would allow FSP to be awarded outside the UK and that data is collected to monitor the impact of the regulation changes.

We will act on the feedback SCoSS have provided by developing robust guidance which will be in place before the regulations come into force on 2 December 2024. We will also gather data as part of our ongoing evaluation and monitoring of the changes to regulations, with a particular focus on take-up in respect of funerals outside the UK and the exceptional circumstances provision. The first data gather is scheduled for 6 months after the regulations come into force and this data will feed into future evaluation work.

Declaration

I am satisfied with the equality impact assessment that has been undertaken for the Funeral Expense Assistance (Scotland) Amendment Regulations 2024 and give my authorisation for the results of this assessment to be published on the Scottish Government’s website.

Name: Ian Davidson

Position: Deputy Director, Social Security Policy

Date: 30 August 2024