Constitutional Law PART 1 Introductory Citation, commencement and extent 1 1 This Order may be cited as the Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019. 2 This Order comes into force as follows: a article 20, in so far as it inserts paragraph 23 into Schedule 10 of the Universal Credit Regulations (Northern Ireland) 2016 , 21 days after the day on which it is laid; and b all other provisions, immediately after the coming into force of the first Regulations made under section 34 of the Social Security (Scotland) Act 2018 . 3 Each amendment made by this Order has the same extent as the provision being amended. PART 2 Amendments and savings in relation to funeral payments Interpretation 2 In this Part: a the “2005 Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 ; b the “Northern Ireland Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 . Amendment of the 2005 Regulations 3 1 The 2005 Regulations are amended as follows. 2 In regulation 4 (provision against double payment: funeral payments), in paragraph (1), after “such a payment”, insert “, or an award of funeral expense assistance given in accordance with regulations made under section 34 of the Social Security (Scotland) Act 2018,”. 3 In the heading of Part 3, after “expenses”, insert “in England and Wales”. 4 In regulation 7 (funeral payments: entitlement): a in paragraph (2), for “(9)” substitute “(9A)”; b after paragraph (9), insert— 9A The seventh condition is that the claimant lives in England and Wales. . Saving in relation to the amendments of the 2005 Regulations 4 1 The amendments made to the 2005 Regulations in article 3 are of no effect in relation to a claim for a funeral payment made before the date on which the first Regulations made under section 34 of the Social Security (Scotland) Act 2018 come into force. 2 In paragraph (1), “funeral payment” has the meaning given in regulation 7(1)(a) of the 2005 Regulations. Amendment of the Northern Ireland Regulations 5 1 The Northern Ireland Regulations are amended as follows. 2 In regulation 4 (provision against double payment: funeral payments), in paragraph (1), after “such a payment”, insert, “, or an award of funeral expense assistance given in accordance with regulations made under section 34 of the Social Security (Scotland) Act 2018,”. 3 In regulation 7 (funeral payments: entitlement): a in paragraph 2, for “(9)” substitute “(9A)”; b after paragraph (9), insert— 9A The seventh condition is that the claimant lives in Northern Ireland . Saving in relation to the amendments of the Northern Ireland Regulations 6 1 The amendments made to the Northern Ireland Regulations in article 5 are of no effect in relation to a claim for a funeral payment made before the date on which the first Regulations made under section 34 of the Social Security (Scotland) Act 2018 come into force. 2 In paragraph (1), “funeral payment” has the meaning given in regulation 7(1)(a) of the Northern Ireland Regulations. PART 3 Disregards in relation to Funeral Expense Assistance (England and Wales and Northern Ireland) and Early Years Assistance (Universal Credit in Northern Ireland) Amendment of the Income Support (General) Regulations 1987 7 1 The Income Support (General) Regulations 1987 are amended as follows. 2 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 82 insert— 83 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 10 (capital to be disregarded), after paragraph 75 insert— 76 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Income Support (General) Regulations (Northern Ireland) 1987 8 1 The Income Support (General) Regulations (Northern Ireland) 1987 are amended as follows. 2 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 74 insert— 75 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 10 (capital to be disregarded), after paragraph 67 insert— 68 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Jobseeker’s Allowance Regulations 1996 9 1 The Jobseeker’s Allowance Regulations 1996 are amended as follows. 2 In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), after paragraph 78 insert— 79 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 8 (capital to be disregarded), after paragraph 68 insert— 69 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 10 1 The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended as follows. 2 In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), after paragraph 70 insert— 71 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 7 (capital to be disregarded), after paragraph 60 insert— 61 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the State Pension Credit Regulations 2002 11 1 The State Pension Credit Regulations 2002 are amended as follows. 2 In regulation 15(1) (social security benefits which are not prescribed for the purposes of income as described in section 15(1)(e) of the State Pension Credit Act 2002 ), after sub-paragraph (rb) insert— rc funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income), after paragraph 20(2)(r) insert— s funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the State Pension Credit Regulations (Northern Ireland) 2003 12 1 The State Pension Credit Regulations (Northern Ireland) 2003 are amended as follows. 2 In regulation 15(1) (social security benefits which are not prescribed for the purposes of income and capital as described in section 15(1)(e) of the State Pension Credit Act (Northern Ireland) 2002 ), after sub-paragraph (qb) insert— qc funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income), after paragraph 20(2)(q) insert— r funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Housing Benefit Regulations 2006 13 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), after paragraph 69 insert— 70 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 6 (capital to be disregarded), after paragraph 65 insert— 66 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Housing Benefit Regulations (Northern Ireland) 2006 14 1 The Housing Benefit Regulations (Northern Ireland) 2006 are amended as follows. 2 In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), after paragraph 67 insert— 68 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 7 (capital to be disregarded), after paragraph 61 insert— 62 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 15 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 29 (meaning of “income”), after paragraph (1)(j)(xviic) insert— xviid funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Part 1 of Schedule 6 (capital to be disregarded generally), after paragraph 21(2)(q) insert— r funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 16 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended as follows. 2 In regulation 27(1)(h) (meaning of “income”), after paragraph (xvc) insert— xvd funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Part 1 of Schedule 7 (capital to be disregarded generally), after paragraph 21(2)(o) insert— p funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Employment and Support Allowance Regulations 2008 17 1 The Employment and Support Allowance Regulations 2008 are amended as follows. 2 In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 70 insert— 71 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 9 (capital to be disregarded), after paragraph 63 insert— 64 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008 18 1 The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended as follows. 2 In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 65 insert— 66 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . 3 In Schedule 9 (capital to be disregarded), after paragraph 58 insert— 59 Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Universal Credit Regulations 2013 19 1 The Universal Credit Regulations 2013 are amended as follows. 2 In Schedule 10 (capital to be disregarded), after paragraph 21 insert— 22 Any funeral expense assistance given within the past 12 months in accordance with section 34 of the Social Security (Scotland) Act 2018. . Amendment of the Universal Credit Regulations (Northern Ireland) 2016 20 1 The Universal Credit Regulations (Northern Ireland) 2016 are amended as follows. 2 In Schedule 10 (capital to be disregarded), after paragraph 22 insert— 23 Any early years assistance given within the past 12 months in accordance with section 32 of the Social Security (Scotland) Act 2018. 24 Any funeral expense assistance given within the past 12 months in accordance with section 34 of the Social Security (Scotland) Act 2018. . David Mundell Secretary of State Office of the Secretary of State for Scotland 24th June 2019