Joint Uc claim when one partner dies.

Rubyroobs

Please can anyone advise. I have a relative who has made a joint Uc claim and is nearing the end of the first Uc assessment period. Sadly the husband has died before the end of the first assessment period. There would be no entitlement for the wife without the LCWRA for the husband and carers element. I understand there is a run on of these elements ordinarily but will this still happen if the husband has died before a payment has even been made ? Thank you for any advice.

calcotti

To be clear, was the husband entitled to the LCWRA element in the first period due to terminal illness or prior ESA determination of LCWRA?

i am not sure of the answer to your question. Normally where one half of a couple dies the claim is treated as if they are still alive for the AP in which the death occurs and the two subsequent APs. Will see if I can find any clarification of the situation you describe.

calcotti

I think the normal run on should apply however there is some ambiguity because the regulation refers to ‘award’. The regulations simply say this.
https://www.legislation.gov.uk/uksi/2013/376/regulation/37

Run-on after a death

37.  In calculating the maximum amount of an award where any of the following persons has died—

(a) in the case of a joint award, one member of the couple;

(b) a child or qualifying young person for whom a claimant was responsible;

(c) in the case of a claimant who had regular and substantial caring responsibilities for a severely disabled person, that person; or

(d) a person who was a non-dependant within the meaning of paragraph 9(2) of Schedule 4,]

the award is to continue to be calculated as if the person had not died for the assessment period in which the death occurs and the following two assessment periods.

Rubyroobs

calcotti said:

To be clear, was the husband entitled to the LCWRA element in the first period due to terminal illness or prior ESA determination of LCWRA?

i am not sure of the answer to your question. Normally where one half of a couple dies the claim is treated as if they are still alive for the AP in which the death occurs and the two subsequent APs. Will see if I can find any clarification of the situation you describe.

Thank you. There was  no prior ESA, this is a new claim with entitlement only based on the husband receiving LCWRA and therefore higher work allowance on the claim. Thank for posting the regulations calcotti.

Rubyroobs

calcotti said:

To be clear, was the husband entitled to the LCWRA element in the first period due to terminal illness or prior ESA determination of LCWRA?

i am not sure of the answer to your question. Normally where one half of a couple dies the claim is treated as if they are still alive for the AP in which the death occurs and the two subsequent APs. Will see if I can find any clarification of the situation you describe.

Yes terminal illness and deteriorated very quickly after the claim was made.

calcotti

Rubyroobs said:.. this is a new claim with entitlement only based on the husband receiving LCWRA and therefore higher work allowance on the claim. 

..due to terminal illness?

An important point is that, as I understand it, the run on only applies to the calculation of the maximum UC amount. This means that if the UC payable has been reduced by income, such as a pension, paid to the person now deceased the UC payable will now be higher because the pension will cease at death.

Obviously you are going to want to look at the surviving relatives situation once the run on is over. The UC claim will be converted to a single person claim and they will continue to receive payments if their is an amount payable. They will be exempt from any work search requirements for 6 months.

Rubyroobs

calcotti said:

Rubyroobs said:.. this is a new claim with entitlement only based on the husband receiving LCWRA and therefore higher work allowance on the claim. 

..due to terminal illness?

An important point is that, as I understand it, the run on only applies to the calculation of the maximum UC amount. This means that if the UC payable has been reduced by income, such as a pension, paid to the person now deceased the UC payable will now be higher because the pension will cease at death.

Ds1500 was in place so LCWRA element payable from the first Uc assessment period and PIP in place under special rules, so carers element would be on the award. Only wife's earnings on the claim, no pension payments or anything else to reduce the award.