JEC v Secretary of State for Work and Pensions (SF): [2021] UKUT 243 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Caldwell QC on 23 June 2021.
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Judicial Summary
This appeal concerned the meaning of “funeral” 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’s late wife). The deceased’s 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, “funeral” had been defined in the 2005 Regulations as “a burial or cremation”. That definition was revoked with effect from 2 April 2018. As at the date of the claim, there was no statutory definition of “funeral” in the regulations. The appellant argued that the service held in the UK was a “funeral” and should qualify for a funeral expenses payment.
Decision selected for reporting as [2022] AACR 2