Need Advice for My Mother Who Just Lost My Dad

acharris

Hi all, I need some advice. I posted the other day about my Carers Allowance as my dad was in hospital ill, well he passed away last night so now we go through the changes as my dad had housing benefit due to his Pension Credit and State Pension. Now my Mam is 65 and only gets PIP and will get a percentage of his MPS pension so here income will be really low. I know housing benefit is switched to UC now and when I did a benefit calculation I got UC at £84 a week and Council Tax Reduction of 100% but not sure of Rent help.

She reaches State Pension age July 2023 year on her 66th Birthday but will she have to do job searches and stuff to keep her claim until then, as with the stress of losing my Dad and her mobility and disabilities it would be too much for her I think to handle. Any help is appreciated. Thanks

Anthony

Alice_Holt

I believe that some allowance is made for bereavement within the UC system (Ned or tomtom will have more knowledge than me on this), however she may want to get a "fit note" from her GP to formalise this with UC.

As she is in receipt of PIP, she may have a health condition that would place her in the UC not fit for work group. Again the starting point is a "fit note" and informing UC of the health condition.

sammyjammy

If you've put the correct info in the £84 will include an allowance for housing within it.

calcotti

She cannot be asked to do any job search for six months from the date of bereavement. She doesn’t need a Fit Note for this. 

However as you mention that she has health issues she should get a Fit Note if this would limit her ability to work. She should then be referred for a Work Capability Assessment at 29 days.

For the avoidance of doubt, HB doesn’t automatically switch to UC. She needs to claim UC asap as the HB entitlement will now have ended.

Rodders53

Depending, as always, on the precise circumstances check out both 

https://www.gov.uk/bereavement-support-payment
and
https://www.gov.uk/funeral-payments

NedS

calcotti said:

She cannot be asked to do any job search for six months from the date of bereavement. She doesn’t need a Fit Note for this. 

However as you mention that she has health issues she should get a Fit Note if this would limit her ability to work. She should then be referred for a Work Capability Assessment at 29 days.

Yes, @calcotti is correct - it is a mandatory switch off of all work related requirements for 6 months following the death of a partner, so Mum cannot be asked to undertake any work related activity for 6 months. Mum will be asked to attend initial appointments to verify ID and attend an initial First Commitments meeting with a work coach, and it is at this meeting they should discuss the death of their partner. Hopefully the work coach can then use the time constructively to signpost to bereavement support services in the area.

I would expect the work coach to put in place some form of agreement as to how they will keep in touch during that 6 month period, with a phone review appointment after 3 months.

calcotti

NedS said: Yes, @calcotti is correct - it is a mandatory switch off of all work related requirements for 6 months following the death of a partner, 

I knew that the six months mean that claimant cannot be put in the all work related activity group (so no job search required) but can't recall whether during that six month period the bereaved can be in the work preparation or WFI group. 

Having checked through ADM, as far as I can see, it is only the work search requirements that cannot be imposed during that six month period. (ADM J1392 and J3193) although the claimant is still in the all work related activity group. What you are suggesting is taht the claimant is actually put in the no work related activity group.

NedS

calcotti said:

NedS said: Yes, @calcotti is correct - it is a mandatory switch off of all work related requirements for 6 months following the death of a partner, 

I knew that the six months mean that claimant cannot be put in the all work related activity group (so no job search required) but can't recall whether during that six month period the bereaved can be in the work preparation or WFI group. 

Having checked through ADM, as far as I can see, it is only the work search requirements that cannot be imposed during that six month period. (ADM J1392 and J3193) although the claimant is still in the all work related activity group. What you are suggesting is taht the claimant is actually put in the no work related activity group.

The claimant remains in the Intensive work regime, but all work related activity must be switched off for 6 months on their commitments (so they remain in Intensive work search regime but are not actually required to do any work search activities).

I can imagine some jobcentres may incorrectly override the work group to move them into NWRR, but this would not be correct. Their regime is based upon their circumstances/earnings, and bereavement is not a circumstance that changes the regime, only the commitments it is reasonable (or in this case lawful) to expect a claimant to agree to.

The guidance states the work coach should contact the claimant by phone after 3 months and offer work focused support. If the claimant declines, this cannot be enforced. The claimant cannot be sanctioned during the mandatory 6 month switch off period for failing to do any work-related or work preparation activities.

calcotti

NedS said: The claimant remains in the Intensive work regime, but all work related activity must be switched off for 6 months on their commitments (so they remain in Intensive work search regime but are not actually required to do any work search activities).

Thanks Ned. surely there;'s a difference between all work related activity and work search activities. As far as I can see the ADM only refers to the latter.

NedS

Hmm, I used the term "work related activity" to refer to both work search activity and work preparation activity. Maybe that is something I have made up in my own head! To clarify the correct terms:

Within the All Work Related Requirements (AWRR) group, you have the different regimes - Working Enough, Light Touch and Intensive work search, which are dictated by earnings thresholds (AET, CET).

Anyone who is in the Intensive Work Search regime will have commitments which can include work search activities (e.g, applying for jobs) and work preparation activities (e.g, prepare a CV) on their commitments. These sections of the commitment can be switched on or off by the work coach, and/or individually tailored to the claimant.

In certain specific cases (such as the bereavement of a partner or child), the regulations require that both work search activities and work preparation activities are both switched off for 6 months on the claimant commitment.

There are a set circumstances requiring mandatory switch off, and a separate list where the work coach should use their discretion to switch off if they feel that to be appropriate (cases where we may expect the Work Coach to switch off requirements even though there is no requirement in law to do so).

calcotti

NedS said:...

In certain specific cases (such as the bereavement of a partner or child), the regulations require that both work search activities and work preparation activities are both switched off for 6 months on the claimant commitment.

There’s very useful to know (I could only find clauses in ADM that refer to switching off work search and work availability requirement which I inferred meant that work preparation could continue).

Regulation 99 of the regulations also only refers to switching off work search and work availability requirement. The work availability requirement encompasses being available for interview which I thought meant employment interview with a prospective employer but perhaps it also includes interview with a Work Coach.