Regulation 30 Payments on death

On the death of a person who has made a claim for benefit, the Secretary of State F1or the Board may appoint such person as he F2or they may think fit to proceed with the claim F3and any related issue of revision, supersession or appeal.

Subject to F4paragraphs (4) and (4A), any sum payable by way of benefit which is payable under an award on a claim proceeded with under paragraph (1) may be paid or distributed by the Secretary of State F5or the Board to or amongst persons over the age of 16 claiming as personal representatives, legatees, next of kin, or creditors of the deceased (or, where the deceased was illegitimate, to or amongst other persons over the age of 16), and the provisions of regulation 38 (extinguishment of right) shall apply to any such payment or distribution; and

Subject to paragraph (2), any sum payable by way of benefit to the deceased, payment of which he had not obtained at the date of his death, may, unless the right thereto was already extinguished at that date, be paid or distributed to or amongst such persons as are mentioned in paragraph (2), and regulation 38 shall apply to any such payment or distribution, except that, for the purpose of that regulation, the period of 12 months shall be calculated from the date on which the right to payment of any sum is treated as having arisen in relation to any such person and not from the date on which that right is treated as having arisen in relation to the deceased.

F9Subject to paragraph (4B), paragraphs (2) and (3) shall not apply in any case unless written application for the payment of any such sum is made to the Secretary of State F10or the Board within 12 months from the date of the deceased's death or within such longer period as the Secretary of State or the Board may allow in any particular case.

In a case where a joint-claim jobseeker’s allowance has been awarded to a joint-claim couple and one member of that couple dies, the amount payable under that award shall be payable to the other member of that couple.

A written application is not required where—

F17Subject to paragraphs (5A) to F18(5H) , where the conditions specified in paragraph (6) are satisfied, a claim may be made on behalf of the deceased to any benefit other than F19jobseeker’s allowance, income supportF20, state pension creditF21, F22working families' tax credit or F23disabled persons' tax credit or a social fund payment such as is mentioned in section 32(2)(a) F24and section 32(2A) of the Social Security Act 1986 F25, or reduced earnings allowance or disablement benefit, to which he would have been entitled if he had claimed it in the prescribed manner and within the prescribed time.

Subject to paragraphs (5B) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit provided that the deceased was not married or in a civil partnership on the date of his death.

But, subject to paragraphs (5C) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit where the deceased was a married woman or a civil partner on the date of death if the deceased’s widower or surviving civil partner was under pensionable age on that date and due to attain pensionable age before 6th April 2010.

Where a claim is made for a shared additional pension F28or a state pension under Part 1 of the Pensions Act 2014 under paragraph (5) or for a retirement pension or graduated retirement benefit under paragraphs (5) and (5A) or (5B), in determining the benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of three months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.

Paragraph (5E) applies where, throughout the period of 12 months ending with the day before the death of the deceased person, his entitlement to a Category A or a Category B retirement pension, shared additional pension or graduated retirement benefit was deferred in accordance with, as the case may be—

Paragraph (5F) applies where—

F29Paragraphs (5G) and (5H) apply where—

Where a person claims under paragraphs (5) and (5A) the deceased F31(referred to as W in paragraph (5F)) shall be treated as having made an election in accordance with, as the case may be—

Where a person makes a claim under paragraph (5) for a state pension under Part 1 of the Pensions Act 2014, the deceased (referred to as W in paragraph (5F)) shall be treated as having made a choice to be paid a state pension under—

F33Subject to the following provisions of this regulation, the following conditions are specified for the purposes of paragraph (5)–

Where the conditions specified in paragraph (6B) are satisfied, a person may make a claim for reduced earnings allowance or disablement benefit, including any increase under section 61 or 63 of the Social Security Act 1975, in the name of a person who has died.

F35Subject to the following provisions of this regulation, the conditions specified for the purposes of paragraph (6A) are—

Subject to paragraph (6D), where the Secretary of State certifies that to do so would be consistent with the proper administration of the Social Security Contributions and Benefits Act 1992 the period specified in paragraphs (6)(a) and (c) and (6B)(b) and (c) shall be extended by such period, not exceeding 6 months, as may be specified in the certificate.

A claim made in accordance with paragraph (5) F39or paragraph (6A) shall be treated, for the purposes of these regulations, as if made by the deceased on the date of his death.

The Secretary of State F40or the Board may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.

In paragraph (2) “next of kin” means–