Regulation 83(5)(c) – Application following death of former partner

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  • #38439
    wintlejb
    Participant

    On the face of it this should be straightforward but…..

    Mr A the claimant passes away and we receive a claim from Mrs A his wife within 4 weeks of the date of death which ordinarily would mean the claim for Mrs A would be paid from the date of death.

    However, although Mr & Mrs A are married and living in the same property they were claiming DWP benefits separately (Mr A JSA, Mrs A IS). Mr A did not declare that Mrs A was living at the property and for HB/CTB purposes was a single person.

    The regulation states “in a case where the claimant is the former partner of a person who was, at the date of his death or separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date”.

    Mrs A is the former partner at the date of death but does the fact that neither we nor the DWP were treating them as partners have an impact on this decision?

    The regulations define a “partner” as where a claimant is a member of a couple, the other member of that couple. I would argue that they were not members of a couple.

    #108332
    Kevin D
    Participant

    It doesn’t matter how the DWP or the LA were treating the two people. What counts is the TRUE situation. Even where the DWP treat 2 people as single people, the LA can still regard them as a couple; it’s just that if one of the two is on a passporting benefit, the LA will be bound to disregard the income of BOTH the clmt and partner – R(H ) 9/04. In my view, if the LA is satisfied the two were, as a fact, a couple, the DWP’s view is not binding for the purposes of claim linking.

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