§ Mr. Dismore
To ask the Secretary of State for Social Security what plans she has for changing the regulations relating to social fund payments following the Social Security Commissioner's decision in the case of Mr. O'Flynn. 
§ Mr. Denham
Amending regulations were laid yesterday. Earlier this year, the Social Security Commissioner decided that the provision, which restricted entitlement to a funeral payment provided the funeral took place within the United Kingdom, infringed European Community law.
The changes bring the legislation into line with European Community law. Where someone is living in this country, but originally came from another EEA country, they may be able to claim help with funeral expenses if they satisfy the existing eligibility criteria which apply to all other claimants. They may be able to 772W get help if, and only if, the deceased person also lived here. Under the changes they will be able to claim if the funeral takes place in another EEA country. However, the amount paid will be limited to the amount which would have been paid had the funeral taken place where the deceased had lived in the United Kingdom.
A further change has been made to bring the provision into line with European Community law. The person arranging the funeral may also get help with travel costs to arrange or attend the funeral, but the amount allowable would not exceed the amount which would have been paid if the funeral had taken place locally.
A number of other minor changes have been made to restore, or clarify, the original policy intention.