Death of a claimant – new claim not needed from partner now?

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    Hello all
    I’ve heard rumour of an upcoming change in the regs that means that, when a claimant dies, the surviving partner no longer needs to complete a new application as the claim is just transferred into the partner’s name.
    Has anyone else heard about this??? It obviously would make sense but I’ve not been able to find it in any of the circulars I’ve looked at?
    Steve 🙂

    Andy Thurman

    Difficult to confirm a negative but I’m not aware of such a change. 8)


    I think you still need a claim form, what they have changed is that as long as it is returned within the month the date of claim is automatically the date of the change of their circs. This goes for couples who split up and the claimant is the one who has left and for deaths such as in your case. But a new claim form is still required.


    There reamins a requirement for the claim form, this changfe was part of the new start date rules from 10 November.

    Reg 72(5)(cc) – Where within 1 month of the death of or separation from a former partner who was entitled to HB/CTB, a form is recieved by an authorised office, the date of claim is the date on which the death or separation occurred.

    Reg 72(5)(ccc) – Where none of the above apply; For claims received within 1 month (or longer if the Council deems reasonable for HB only) of a claim form being issued at the request of the claimant by one of the Council’s Designated offices or the DWP. In these cases the date of claim is the date on which the “intention to claim” occurred (i.e. the date they asked for the claim form).

    73 (1) The period for providing information to the Council increases from from 28 days to one month.

    Councils will not be required to make paymennts on account where information has not been supplied to the DWP (this could include not turning up to a NiNO interview).

    For termination of benefit, the additional one month rule no longer applies. Claimants must

    (a) furnish the information or evidence needed within a period of –
    (i) one month beginning with the date on which the notification under paragraph (3) was sent to him; or
    (ii) such longer period as the relevant authority considers necessary in order to enable him to comply with the requirement;

    Or the claim will be terminated. The suspension for a month rule is abolished.

    Note that HB (and not CTB) introduces for passported claimants and those seperated / widowed a new form of backdating without the stringent test of good cause (this is to be treated as normal entitlement and not backdated benefit). For example if the one calendar month falls on the Sunday and the claimant hands the form in on the Monday, this will be allowable for Housing Benefit but not for Council Tax Benefit.

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