Bereavement support and Universal credit

Lulabells_Lollipops

Hello I have previously posted but following an update need further advice.
I applied for bereavement support in January this year after hearing on this site about a change to the law in February 2023 which meant that unmarried partners who had been living together with children could now qualify. My partner passed away in February 2022. At the time of applying for bereavement support I was receiving universal credit but from research carried out was under the impression that any amount I received would be disregarded as capital by universal credit. I received a lump sum payment of £3500 and backdated monthly payments of £6300 paid into my account on the same date in January 2024. (These were one off payments, I have received no further payments). The letter informing me of this payment also stated that Bereavement support payment will not affect my benefits for a year after my first payment. In April my universal credit claim was closed as I was informed that I now had capital in excess of £16000. I was also informed at this time that the lump sum payment of £3500 was the only payment that could be disregarded. On advice gained from this site and others I appealed this decision. In the meantime as soon as the money I had in savings dropped below the £19,500 they said I was allowed I reapplied for universal credit and was awarded my first payment in September. Fast forward to now and the mandatory reconsideration has come back. Not only do they say it stands they now say the original calculation of my capital incorrectly disregarded the £3500 paid to me as well because I did not make the claim 12 months or less after my partner died. I can appeal again but I need advice as to how to word the appeal and what to quote. They have told me that any information provided by any other organisations or charities cannot be addressed by universal credit.
Thank you.

Alice_Holt

I'd suggest continuing the appeal, and asking the tribunal service to check if the DWP is correct or incorrect.

This is the form you need to do this:
 https://www.gov.uk/government/publications/appeal-a-social-security-benefits-decision-form-sscs1


You will need to include a copy of the MR reply from DWP. As there is a 1 month deadline (extendable for good reason), I'd get it in asap.

Ir's a complicated issue, as shown by the DWP getting at least one decision wrong. 
Certainly the online DWP info suggests UC is not affected - https://assets.publishing.service.gov.uk/media/63eb6c13e90e077bb0c927c2/bsp1-notes.pdf

So, I'd simply set out the chronology and the facts, explain that DWP decisions have been inconsistent and ask that the tribunal determine the correct legal treatment.

You can always follow up later with more info as the appeal proceeds. You may wish to get advice in coming months from your local advice charity.

But, for now, given the DWP confusion I'd get the appeal lodged.

(Note - if having got advice, and you find that the legalisation does support the DWP decision - then you can withdraw the appeal at any time)   

Yamor

Certainly continue with your appeal. As @Alice_Holt says, now that you have your MR Notice, you should be appealing to the Tribunal.

The relevant regulation is Para. 20 of Schedule 10 to the UC Regulations 2013.
Sub-para. (1) disregards the £3.5k lump sum, and Sub-para. (2) disregards the arrears of the monthly payments paid as a lump sum.

https://www.legislation.gov.uk/uksi/2013/376/schedule/10/paragraph/20

Just to add:
The argument they make in the MR Notice that you didn't claim the BSP within 12 months of the death and therefore you are not entitled to any disregard, is based on an old version of the BSP Regs.
This was changed when the law changed in 2023, and those Regs now state that it is also ok where the claim was made within 12 months of the law being changed in Feb 2023.
So they are completely wrong there, presumably because they've looked at the old version of the Regs!

Lulabells_Lollipops

Thank you so much, this is very helpful and exactly the information I was looking for.