Recent Widower & universal credit

maisie_cat

My 80 year old MIL died in a house fire in November 2018 and her 60 year old widower is having problems with benefits.
She claimed as a couple and was in receipt of her state pension, pension credit, attendance allowance and by definition housing benefit & council tax benefit. He received carers allowance for her.
Because she died suddenly and in tragic circumstances her was in a state. I told him to go to citizens advice because I didn't know what happened to benefits. To be honest I expected that there would be a waiting time allowance but suspect he didn't claim quickly enough.
He was told that he needed to claim universal credit but there is a gap between the benefits and he tells me that he is now in rent & council tax arrears and still waiting for money.
Is it right that there is no continuity? He has spent the little savings they had and I'm concerned he will get evicted but know little about benefits and can find no answers via google

KatrinaWaves

Unfortunately her pension benefits will have opened up a lot of those benefits they were claiming, and without her, there is no automatic entitlement to them from the date of her death. He would need to reapply for the Ctax reduction, and may need to apply for UC as he is of working age.

The only thing I seem to have a vague recollection of having a run on is the carers...

calcotti

KatrinaWaves wrote: »

The only thing I seem to have a vague recollection of having a run on is the carers...

8 week run on for Carers Allowance.


If Housing Benefit was in joint names I think he could retain entitlement after death but the claim would need to be recalculated to reflect changed circumstances. If claim was in single name only the it ended with death.


Similarly Council tax Reduction.


If he is now living alone has he claimed 25% single person discount on Council Tax.


Pension Credit entitlement ended with death.

Will have to claim UC because working age. Can request one month backdating for exceptional reasons - that is the maximum possible. Will not be expected to look for work for 6 months from date of death. Claiming UC will end any Housing Benefit entitlement and help with rent will come through UC.

bigbill

Try also for bereavement support payment and a funeral payment (If needed) from the DWP.

calcotti

bigbill wrote: »

Try also for bereavement support payment and a funeral payment (If needed) from the DWP.

I’d forgotten the Bereavement Support Payment.

OP information here https://www.gov.uk/bereavement-support-payment

If this has not been claimed should get on and do this now, if the claim is made more than 3 months after the death you get less money overall.

maisie_cat

Thank you all for replies, it is as I thought except that he has been told he must look for work immediately. I believe the tenancy was in her name although I'd assumed he would have been party to the council tax. They had been married for 20 years, she just never altered the tenancy although he has now taken it over. He says he has claimed the bereavement/funeral payments but is waiting for them to come through.
Thank you again

tacpot12

He should be able to take over the tenancy, if he has not already done so. This link explains: https://www.citizensadvice.org.uk/housing/social-housing/during-your-tenancy/stay-in-your-council-home-when-someone-dies

He can ask for an advance on his UC, and should try to pay something towards the rent arrears. He should also let the rent and council tax know that he is claiming UC.

[Edited to remove an incorrect statement]

calcotti

maisie_cat wrote: »

Thank you all for replies, it is as I thought except that he has been told he must look for work immediately.

He should challenge this. It is against the law for DWP to require someone claiming UC to look for work within six months of the loss of their partner.

The Universal Credit Regulations 2013, regulation 99(3)(d)(i)

“Circumstances in which requirements must not be imposed

99.—(1) Where paragraph (3), (4), (5) or (6) applies—

(a)the Secretary of State must not impose a work search requirement on a claimant;

(3) This paragraph applies where—

(d)any of the following persons has died within the past 6 months—

(i)where the claimant was a member of a couple, the other member,
....”