51茶馆

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Judicial Summary

This appeal concerned the meaning of 鈥渇uneral鈥� under the Social Fund Maternity and Funeral Expenses (General) Regulations 2005. The appellant made a claim for funeral expenses under the 2005 Regulations. A religious service had been held in the UK to celebrate the life of the deceased (the appellant鈥檚 late wife). The deceased鈥檚 body was then transported to Zimbabwe for burial. Under regulation 7(9)(b) it is a condition (subject to certain exceptions which did not apply in this case) that the funeral must take place in the UK to qualify for a funeral expenses payment. Originally, 鈥渇uneral鈥� had been defined in the 2005 Regulations as 鈥渁 burial or cremation鈥�. That definition was revoked with effect from 2 April 2018. As at the date of the claim, there was no statutory definition of 鈥渇uneral鈥� in the regulations. The appellant argued that the service held in the UK was a 鈥渇uneral鈥� and should qualify for a funeral expenses payment.

Decision selected for reporting as [2022] AACR 2