what benefits will my Mum be entitled to after stepdad dies?

Lindz_Delirium

Just looking for some advice really, my stepfather has recently been diagnosed with terminal cancer, and as the doctors are talking in terms of weeks - as long as he has got - I need to start thinking about what will happen to my Mum once he has gone.

Basically I have never claimed any benefits so I don't know how the system works, but if anyone has any knowledge of this I'd be glad of the advice.

So, here are the facts;

Mum (Ann), and Stepdad (Chris), have been together for 22 years. They are not married.

Ann & Chris have no savings, no pensions plans, no life insurance and are renting property (paid for by housing benefit).

Chris gets pension credit as a couple.

Ann has never worked and never signed on the dole, therefore has never paid any NI contributions. Ann is not retirement age.

What benefits would be available to Ann once Chris has gone, and would she get housing benefit to cover rent on their current house?

all help gratefully received?

Oldernotwiser

Your mother should get Bereavement Allowance for a year after your step father's death and also HB and CTC. After this she should be able to claim means tested JSA while she looks for a job and housing benefits as before.

I'm not sure whether she'll have to make a new claim for HB/LHA when she's on her own and if so, whether she'll have to move to smaller accommodation - I imagine this will depend on whether the house is privately rented or council.

sleepless_saver

Sorry, but I'm not sure she would get bereavement allowance. As far as I can see that is only for widows/widowers and civil partners.

Oldernotwiser

sleepless_saver wrote: »

Sorry, but I'm not sure she would get bereavement allowance. As far as I can see that is only for widows/widowers and civil partners.

Sorry, you're right - I forgot they're not married. Then it'll be JSA etc as mentioned before.

seven-day-weekend

As they are not married she will not be entitled to any Bereavement or Widow's Allowance and as she is under State Pension age she will have to sign on for Jobseekers' Allowance and triy to find a job.

She will however be entitled to Housing Benefit/LHA and Council Tax Bnenefit whilst she is on Jobseekers', but they may not pay the full amount if her house is privately rented as she will only be entitled to one bedroom. If her home is bigger than this, she can chose to pay any extra herself, or move. If she has a Council house, I believe the full amount will be paid.

I wish her and her family well at this difficult time.

duchy

Slightly off the wall musing here-but if they married now-would she get the allowance ?
I know you hear of couples who have been together for years marrying when one is dying like this and I wondered.

Lindz thinking of you-it's a horribly difficult time I know.

sleepless_saver

duchy wrote: »

Slightly off the wall musing here-but if they married now-would she get the allowance ?

Not necessarily. It would also depend on his record of National Insurance contributions. Also - slight amendment to earlier post - if they happen to live in Scotland she would get the bereavement allowance even though they are cohabiting as they were living together before May 2006. Again, this would apply only if he had enough NI contributions.

AsknAnswer

Re the bereavment allowance, she will need to be aged over 45 but below state pension age (currently 60 for women), her husband would need to have paid enough contributions and despite common law they still need to be married, whether or not they lived in Scotland. "Common Law" doesn't apply to payments of benefit that are specifically for married couples. In addition a person isn't eligible if they are bringing up children.

For the Bereavement Payment (this is a lump sum of £2000.00, and tax free), her husband would need to have paid enough contributions, she would need to be under state pension age and her husband must not have been entitled to Catgory A state retirement benefit when he died.

If mum recieves an income based benefit once Chris passes away, she may be eligible for a Funeral Payment, as she was his partner, she will be the person who the DWP consider the "responsible person". The qualifying benefits are:
Income Support
Income Based Employment and Support Allowance
Income Based Jobseekers Allowance
Pension Credit
Child Tax Credit at a rate higher than that of the family element
Working Tax Credit with a disability element
Housing Benefit
Council Tax Benefit.

The benefit must be in mum's own right, she cannot claim based on a benefit Chris received, or any claim that he was a joint claimant of. She needs to be receiving the benefit when she applies for the funeral payment and DOES NOT DESPITE COMMON BELIEF have to be receving the benefit when Chris dies. (Apologies for the capitals but there is a very widespread misconception that the benefit must be in payment at the date of death: no it doesn't)

Any money that becomes available to pay for or towards the funeral costs would be subtracted from the award. The Funeral Payment only covers certain costs, so it will not meet all costs of the funeral, and there will be a large shortfall. It will pay for:

The cost of a single lair, but not if the lair is purchased before the funeral is arranged (i.e: they will not pay for a lair that was previsouly purchased)
The cost of an interment
or
The cost of a cremation
The cost of Medical fees (usually 2 doctors certificates are required for cremation but not always)

*Interment of ashes will not be met where a cremation has taken place.

The necessary cost of travel if Chris dies away from home for transportation to the funeral directors or other place of rest in excess of 80 kilometres (only within the UK)

The cost of purchasing documents if assests need to be released to pay for the funeral (death certificates)

The necessary cost of one return journey for mum to either arrange or attend the funeral (not both - and the likes of a limousine, ect is not included as it is not deemed necessary)

£700.00 towards all other costs - this is the maximum limit on all costs after specified costs have been met.

It is a bit more complicated but I am trying to simplfy it for you. If you need any help nearer the time, feel free to ask. When the time comes, mum will get a form from the registry office called a BD8 (Notification of death - NOT a death certificate and usually green in colour) This is a form which will have Chris' details printed on the front. She needs to complete the back of the form, and give to the benefits section to stop any overpayment of benefit, as they will come back for it. This form will also entitle her to claim any arrears of benefit that may be owed to Chris. Because of the way some benefits are paid, sometimes when a person dies they are due money from the benefits agency (you'd be surprised how often this happens) the person who completes the BD8 is entitled to claim any money owing to the deceased. This will also be deducted off any funeral payment award unfortunately, as it is essentially "estate".

Oldernotwiser

What's a lair in this context please?

mealone

A plot I think ONW.

AsknAnswer

As mealone says, it is a burial plot.

As a side note, the other 5 qualifying conditions, aside from being in reciept of a qualifying benefit. They are:

The funeral payment must be claimed within the prescribed timescale; this is within three months from the date of the funeral.

The funeral must take place in the UK

The deceased must have been "ordinarily resident" in the UK

The claimant must have taken responsibility for the funeral expenses

It must have been resonable for the claimant to have taken responsibility for the funeral expenses. - In this case it is as she is the partner and the first person the DWP will look to when deciding on a funeral payment claim. If there is a surviving partner and anyone other than the partner claims, the claim automatically fails.