New South Wales Consolidated Acts

FUNERAL FUNDS ACT 1979 - SECT 18

18 Cash payment in certain cases if funeral service not carried out by undertaker designated by fund

(1) Where a funeral contribution fund does not provide a contributor with a funeral service which it has undertaken to provide, the legal personal representative of the contributor is entitled to be paid the prescribed cash payment by the fund to meet the whole or any part of the expenses of and incidental to the funeral of the contributor if:

(a) the fund was unable or unwilling to provide the service,

(b) the Director-General is satisfied that the service was not carried out by the undertaker designated by the fund for that purpose because the person who arranged for the service to be carried out did not know and had no reasonable means of ascertaining that the fund had undertaken to provide the service, and the Director-General notifies the fund accordingly, or

(c) the service was not carried out by the undertaker designated by the fund for that purpose because the legal personal representative was unable or unwilling to pay for the cost of transporting the body of the contributor to the place at which the service was to be carried out by the undertaker so designated.

(2) For the purposes of subsection (1), the prescribed cash payment is:

(a) except as provided in paragraph (b), the amount that the fund would have been required to pay if the service had been carried out by a person designated by the fund, or

(b) where the rules of the fund so provide, the amount specified in those rules as the prescribed cash payment for the purposes of subsection (1).