Public Health Funerals When No One Can Pay

If there is no money for a funeral and no one able to pay, the council where the person died has a legal duty to carry out a burial or cremation. This is called a public health funeral, sometimes known as a council funeral. The council usually decides the time and place, and the funeral is usually a cremation¹.

The duty comes from Section 46(1) of the Public Health (Control of Disease) Act 1984, which imposes a duty on local authorities to bury or cremate the dead where it appears no other suitable arrangements will be made³. In practice, this means that if you cannot afford to pay for a funeral and no one else is willing or able to, you can approach the local council where the person died and ask for a public health funeral⁴.

A public health funeral is a simple funeral. It includes a coffin and a funeral director to transport the person to the crematorium or cemetery⁵. It is not a traditional funeral with choices about the service, the coffin or the venue. The council arranges it, and the family does not pay.

What a public health funeral is and when councils arrange one

A public health funeral is arranged by the local authority when no other suitable arrangements will be made. The council where the person died has a legal duty to carry out a burial or cremation, and this duty applies whether the person lived in the area or not². The council will usually decide the time and place of the funeral¹.

The duty is not discretionary. Section 46(1) of the Public Health (Control of Disease) Act 1984 imposes a duty on local authorities to bury or cremate the dead where it appears no other suitable arrangements will be made³. This means that if you are unable to make the funeral arrangements due to lack of funds, or you are unwilling to do so, the council where the person died has a legal duty to step in⁷.

Councils arrange public health funerals in a range of circumstances. These include when there is no money for a funeral, when no one is willing or able to pay for it, or when the Funeral Expenses Payment does not cover the whole cost and paying the balance would leave you in debt¹. The council may also arrange one when no next of kin can be traced, or when the person who died had no family.

The funeral can usually take place only after the death has been registered⁸. This means that before the council can arrange a public health funeral, the death must be registered. You can read more about this in our guide to registering a death in England, Wales and Northern Ireland or registering a death in Scotland.

Who qualifies: no money and no one able to pay

A public health funeral is for when there is no money for a funeral, no one willing or able to pay for it, or the Funeral Expenses Payment does not cover the whole cost and paying the balance would leave you in debt¹. The council where the person died has a legal duty to carry out a burial or cremation if you cannot or will not make arrangements⁷.

The test is not simply whether you are on a low income. The council will consider whether anyone else is able to pay. If there is money in the estate, or if a relative is willing and able to pay, the council may expect them to do so. The legal duty applies only where it appears no other suitable arrangements will be made³.

If you are applying for a Funeral Expenses Payment, there are complex eligibility criteria. These include whether the person has accepted responsibility for meeting the funeral costs, their relationship to the deceased, and whether there are others equally or more closely related who are not on benefits⁹. The responsible person or partner must have an award of Income Support, State Pension Credit, income-based Jobseeker's Allowance, Working Tax Credit with a disability element, Child Tax Credit with an individual or disability element, Housing Benefit, income-related ESA, Universal Credit, or owner-occupier loan payments with treated entitlement¹⁰.

In Scotland, the Funeral Support Payment has its own rules. If the client or their partner are not in receipt of any benefits, or a claim has been made, they will not be eligible¹¹. Only one person can get Funeral Support Payment for the funeral¹¹. If you are subject to immigration control and have no recourse to public funds, you will not be able to get Funeral Support Payment¹¹.

What a public health funeral includes

A public health funeral includes a coffin and a funeral director to transport the person to the crematorium or cemetery⁵. It is a simple funeral, not a traditional one. The council arranges the funeral director, the coffin and the transport. The family does not pay for these elements.

For comparison, a simple funeral package from a funeral director generally includes the funeral director's advice and time in making arrangements, staff, a wood-effect coffin, collecting the deceased during normal working hours, care of the body, and transporting them to the crematorium or sometimes cemetery¹³. A public health funeral is similar in its essentials but is arranged and paid for by the council.

The funeral will usually be a cremation. If you have a strong wish for a burial, it is a good idea to make this known to the council as early as possible². The council has a legal duty to bury or cremate, so a burial is possible, but cremation is the usual practice.

If you are applying for a Funeral Expenses Payment instead, the payment covers the cost of a simple burial or cremation¹⁴. It also covers reasonable burial or cremation fees, doctors' fees in Northern Ireland, up to £1,000 towards other funeral expenses, death certificates to release money belonging to the person who died, one return journey to arrange or attend the funeral (not including the cost of a funeral car), and in some circumstances transport costs if you need to move the person who died over 50 miles¹⁵.

In Scotland, the Funeral Support Payment is made up of burial, cremation or alkaline hydrolysis costs, travel and transport costs, documentation costs, and a flat rate payment¹¹. A funeral is defined as the burial, cremation or alkaline hydrolysis of the person who died¹¹.

How to ask for one: council or hospital bereavement office

If you do not have the funds to pay for a funeral, you can approach the local council where the person died and ask for a council funeral, also known as a public health funeral⁴. The council where the person died has a legal duty to carry out a burial or cremation if you cannot or will not make arrangements⁷.

If the person died in hospital, speak to the bereavement office there first⁶. A hospital will sometimes carry out the funeral instead of the council, using the NHS budget, but it has no obligation to do so⁷. If the hospital does not arrange it, the council where the person died has a legal duty to do so.

If you are applying for a Funeral Expenses Payment instead, you can download a claim form on GOV.UK and apply by post, or call the Bereavement Service helpline on 0800 731 0469¹⁴. In England and Wales, you can download an SF200 form or complete an application by phoning the DWP Bereavement Service Helpline on 0800 151 2012. In Northern Ireland, you can download the form online or contact the Bereavement Service on 0800 085 2463¹⁶.

In Scotland, there are three different ways that a client can apply for Funeral Support Payment: online, by phone, or by paper form¹¹. You can get advice on paying for a funeral from organisations if you do not qualify for a Funeral Support Payment¹⁷.

The council decides the time and place

The local authority will usually decide the time and place of a public health funeral¹. This means that you may not be able to choose the date, the time or the venue. The council arranges the funeral according to its own procedures and availability.

Some councils and hospitals prevent the family from attending or receiving ashes back⁷. If attending the funeral or receiving ashes is important to you, it is worth asking the council or hospital bereavement office about this when you first make contact. The rules vary between councils, so what applies in one area may not apply in another.

The funeral can usually take place only after the death has been registered⁸. This means that the registration of the death is a prerequisite for the funeral. You can read more about this in our guide to what to do when someone dies.

If you are arranging a funeral yourself and need help with the cost, you can read more about the Funeral Expenses Payment and the Funeral Support Payment in Scotland. You can also read about paying for a funeral: costs and help.

What if the Funeral Expenses Payment does not cover the full cost?

The Funeral Expenses Payment will not usually cover all the funeral costs¹⁹. The average funeral payment often covers less than half of the average cost of a simple funeral⁷. In Scotland, the full amount is unlikely to cover even the cost of a simple funeral, so you are likely to have a shortfall²⁰.

If there is a shortfall you cannot pay, the council may arrange a public health funeral instead. The council where the person died has a legal duty to carry out a burial or cremation if you cannot or will not make arrangements⁷. This means that if the Funeral Expenses Payment does not cover the full cost and you cannot pay the balance, you can ask the council for a public health funeral.

There are other sources of help. You can get advice on paying for a funeral from organisations if you do not qualify for a Funeral Support Payment¹⁷. Trust funds are available for people who cannot afford insolvency services or energy bills²¹. You can also read about how to get help with urgent or one-off expenses from Age UK¹.

If you are struggling with debt after a death, you can read more in our guide to what happens to debts when someone dies. You can also get free, impartial help from MoneyHelper or a debt advice charity.

Where to get help

If you are struggling to pay for a funeral, there are several organisations that can help. Quaker Social Action provides information and guidance on funeral costs and raising money towards a funeral⁴. Turn2us provides information on the Funeral Expenses Payment and who can get it²². Age UK provides information on what to do when someone dies and how to get help with urgent or one-off expenses¹.

If you are in Scotland, you can get advice on paying for a funeral from organisations if you do not qualify for a Funeral Support Payment¹⁷. The Scottish Government provides information on funeral costs and the Funeral Support Payment¹⁷.

If you are in Northern Ireland, you can contact the Bereavement Service on 0800 085 2463¹⁶. You can also read about bereavement benefits on the Advice NI website²³.

If you need help with debt, you can contact StepChange or National Debtline. You can read more in our guide to debt: a complete guide to help, solutions and your rights.