Funeral Expense Assistance (Scotland) Amendment Regulations 2024: Fairer Scotland duty assessment summary

Summary of assessment findings

Key Findings

The changes to the FSP regulations have been broadly welcomed by stakeholders with a general consensus that the changes will give clients more choice in relation to where a funeral is held. The inclusion of alkaline hydrolysis in FSP regulations was also viewed positively. Stakeholders appreciate the increased choice for clients and future proofing of FSP regulations in the event of alkaline hydrolysis being introduced as an approved form of body disposal in Scotland.

It should also be noted that stakeholders raised concerns about the level of financial support FSP provides and whether support could be better targeted towards those in the lower socioeconomic groups by increasing the flat rate payment. It is worth noting that the flat rate payment is uprated annually taking inflation into account.

Many of the amendments to the FSP regulations are of a technical nature, designed to support the bereaved and future proof regulations. The proposed changes to regulations may have indirect positive benefits for the groups listed in the Policy Context section of this FSD but none of the proposed amendments to regulations would impact specifically on these groups.

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.

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Name: Ian Davidson

Job title: Deputy Director, Social Security Policy