Funeral Regulation: 'Funeral Costs Plan' – The Next Milestones

We have previously reported on the direction of travel on Scottish funeral regulation. At its heart is the "Funeral Costs Plan" consisting of 10 action points. The Funeral Costs Plan is underpinned by the Burial and Cremation (Scotland) 2016 Act. It sets out the framework for a future of funeral regulation in Scotland.

Funeral Costs Plan: "We will publish guidance on funeral costs by December 2018"

Section 98 of the 2016 Act comes into force on 1 June 2018. This empowers Scottish Government to publish guidance on funeral costs. The guidance is number two in the Scottish Government's 10 point action plan. Bringing section 98 into force allows the formal process to publish this guidance and importantly to consult on the matter. With the August launch of the Funeral Costs Plan, there was a commitment from Scottish Government to continued engagement with industry and a recognition of professional association commitments on pricing transparency and an industry-led code of practice.

The guidance was originally slated to be published by December 2018.

Funeral Expense Assistance

Number one in the action plan is the new Funeral Expense Assistance ("FEA") which replaces the DWP Funeral Expenses Payment in summer 2019. The Scottish Government report than an extra 2000 people will benefit for financial support and processing times will reduce to 10 working days. While part of the Funeral Costs Plan and indicative of Scottish Government working through the action points, FEA technically sits within social security legislation and the new powers for Scottish Government in the now passed Social Security (Scotland) Bill 2018 following the devolution of further powers to Scotland.

The FEA will provide a one-off contribution to assist those on low income benefits to meet the costs of a funeral. The Scottish Governments wants to reduce the burden of questions associated with determining eligibility and will use the 'nearest relative' list from 2016 Act to determine eligibility. The FEA proposals will continue the principle that payment will be made direct to the funeral director where the...