Response 106127375

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FEA regulations

4. Is the application window for FEA clear?

If no, please explain.
Most participants believed it was a good idea to extend the application window from 3 months currently to 6 months. The current 3 months window may not be enough if hospital did not release the body due for further investigation. Participants suggested that the funeral director should be able to provide information as well as assistance on funeral payment application. The religious and community organisations, registrar of death office should also have information to provide assistance on funeral payment application. It is important that younger generation is made aware of the change in the benefit as they are likely to be involved in making funeral arrangements. One participant questioned whether refugees have their rights to apply the benefit.

5. We have proposed that the applicant must usually have the nearest relationship to the person who has died, and in exceptional family circumstances, such as estrangement, that they explain to Social Security Scotland why they should be considered to be the appropriate person who will take financial responsibility for the funeral.

If no, please explain.
Most participants suggested the applicant should not only be the nearest relationship to the deceased as they may not want to take responsibility of arranging the funeral. Having a choice of who can make an application with support from religious and community organisations, social workers, charity organisations should be allowed to apply for the payment. In some circumstances where the deceased had no direct family, a close friend or someone from the community who takes the responsibility of funeral arrangements should be able to apply for the payment if he/she has paid for the funeral cost.

6. We have proposed that applicants must be habitually resident in Scotland, and the person who has died must be ordinarily resident in the UK to qualify.

If no, please explain.
Most participants felt that the wording is very confusing and should be made clearer which is easy to understand. It was also brought to attention that sometimes ethnic minority people living in Scotland die when visiting home countries, out with EU funeral do not have access to the FEA. All felt that it is a complex area and needed to be simpler, straight forward and made easy to understand as people involved will be going through emotionally challenging and distressing times.

7. We propose that qualification by being in receipt of UC should be an award of more than £0 in the month before or the month in which the application is made.

If no please explain.
Most participants agreed the applicant must be in receipt of a qualifying benefit however participants were concerned about qualifying criteria of entitlement to Universal Credit. Again it is complex and need further clarity.

8. Is the qualifying benefit / tax credit eligibility clear?

If no please explain.
Participants agreed the new changing on the qualifying benefits basely cover all benefits for low/no income families.

9. We have proposed to continue with the presumption that where there is a bill outstanding and the applicant consents, the payment will be made directly to the funeral director. Where the bill has already been paid, the payment will be made to the applicant.

If no, please explain.
Participants agreed with the proposal that funeral payment should be made directly to the funeral director for outstanding bill as it would be difficult for family/friends to think about practical matters such as sorting out debt to the funeral director. If the funeral bill has already been paid, the payment towards the cost can be made to the applicant was a good idea. However, more need to be done to inform people to keep receipts when making payments and wish to claim at a later date.

10. We have proposed not to make deductions from the payment award where there are assets in the name of the child who has died.

If no, please explain.
Participants asked for the age group to be mentioned for clarity which classify as a child. Participants felt that it was a goodwill gesture by the Scottish Government which must be commended.

Request for a re-determination

11. We have proposed that requests for an FEA re-determination should be made within 31 calendar days of receipt of notification of the original determination.

If no, please explain.
Participants suggested to use the plain English which is understood by the general public. Use of jargon or difficult words i.e. 31 calendar days can be confusing for some. They suggested using simple language such as 4 weeks or 20 working days.

12. We have proposed that an FEA re-determination should be processed within 15 working days of receipt of a request.

If no, please explain.
Participants agreed with the timescales but found the question wording and language used difficult to understand. It is imperative that the plain language is used for all the information and while consulting the general public.

Impact assessments

13. Do you have any additional evidence or impacts which are not covered in the EQIA or CRWIA?

13. Do you have any additional evidence or impacts which are not covered in the EQIA or CRWIA?
It is important that the FEA is not unintentionally discriminatory and any issues arising in the implementation must be looked at and dealt with. It was highlighted that the most vulnerable and in need also likely to face language barrier, steps should be taken to remove all communication barriers.

About you

What is your name?

Name
Rohini Sharma Joshi

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Organisation
Scottish Ethnic Minority Older People Forum