PART IIIPAYMENTS
Payments on death30
1
2
Subject to F21paragraphs (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 F12or 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
a
b
where the Secretary of State is satisfied F18or the Board are satisfied that any such sum or part thereof is needed for the benefit of any person under the age of 16, he F19or they may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Secretary of State F12or the Board that he will apply the sum so paid for the benefit of the person under the age of 16.
3
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.
4
F30Subject 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 F17or the Board within 12 months from the date of the deceased's death or within such longer period as the Secretary of State F17or the Board may allow in any particular case.
F224A
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.
F314B
A written application is not required where—
a
an executor or administrator has not been appointed;
b
the deceased was in receipt of a retirement pension of any category or state pension credit including where any other benefit was combined for payment purposes with either of those benefits at the time of death;
c
the sum payable by way of benefit to the deceased is payable to a person who was the spouse or civil partner of the deceased at the time of death; and
d
either—
i
the spouse or civil partner and the deceased were living together at the time of death; or
ii
they would have been living together at the time of death but for the fact that either or both of them were in a residential care or a nursing home or in a hospital.
5
F26Subject to paragraphs (5A) to F28(5G), where the conditions specified in paragraph (6) are satisfied, a claim may be made on behalf of the deceased to any benefit other than F11jobseeker’s allowance, income supportF24, state pension creditF5, F13working families' tax credit or F14disabled persons' tax credit or a social fund payment such as is mentioned in section 32(2)(a) F1and section 32(2A) of the Social Security Act 1986 F2, 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.
F29F275A
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.
F295B
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.
F295C
Where a claim is made for a shared additional pension 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.
F295D
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—
a
section 55 of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);
b
section 55C of that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or
c
section 36(4A) of the National Insurance Act 1965 (deferment of graduated retirement benefit).
5E
Paragraph (5F) applies where—
a
the deceased person was a widow or widower (“W”) who was married to the other party of the marriage (“S”) when S died;
b
throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or to graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5C)(a) or (b); and
c
W made no statutory election in consequence of the deferral.
F295F
Paragraph (5G) applies where—
a
the deceased person was a widow, widower or surviving civil partner (“W”) who was married to, or in a civil partnership with, the other party of the marriage or civil partnership (“S”) when S died;
b
throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5D)(a) or (c); and
c
W made no statutory election in consequence of the deferral.
F295G
Where a person claims under paragraphs (5) and (5A) the deceased (“W”) shall be treated as having made an election in accordance with, as the case may be—
a
paragraph 3C(2)(a) of Schedule 5 to the Contributions and Benefits Act (electing to have an increase of pension), where paragraph (5D)(a) applies; or
b
paragraph 17(2)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (electing to have an increase in benefit), where paragraph (5D)(c) applies.
6
F6Subject to the following provisions of this regulation, the following conditions are specified for the purposes of paragraph (5)–
a
within six months of the death an application must have been made in writing to the Secretary of State for a person, whom the Secretary of State thinks fit to be appointed to make the claim, to be so appointed;
b
a person must have been appointed by the Secretary of State to make the claim;
c
there must have been no longer period than six months between the appointment and the making of the claim.
F36A
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.
6B
F7Subject to the following provisions of this regulation, the conditions specified for the purposes of paragraph (6A) are—
a
that the person who has died would have been entitled to the benefit claimed if he had made a claim for it in the prescribed manner and within the prescribed time;
b
that within 6 months of a death certificate being issued in respect of the person who has died, the person making the claim has applied to the Secretary of State to be made an appointee of the person who has died F9...;
F10ba
that that person has been appointed by the Secretary of State to make the claim;
c
the claim is made within 6 months of the appointment.
F86C
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.
6D
a
Where a certificate is given under paragraph (6C) extending the period specified in paragraph (6)(a) or (6B)(b), the period specified in paragraph (6)(c) or (6B)(c) shall be shortened by a period corresponding to the period specified in the certificate;
b
no certificate shall be given under paragraph (6C) which would enable a claim to be made more than 12 months after the date of death (in a case falling within paragraph (6)) or the date of a death certificate being issued in respect of the person who has died (in a case falling within paragraph (6B)); and
c
in the application of sub-paragraph (b) any period between the date when an application for a person to be appointed to make a claim is made and the date when that appointment is made shall be disregarded.
7
A claim made in accordance with paragraph (5) F4or paragraph (6A) shall be treated, for the purposes of these regulations, as if made by the deceased on the date of his death.
8
The Secretary of State F20or the Board may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.
9
In paragraph (2) “next of kin” means–
a
in England and Wales, the persons who would take beneficially on an intestacy; and
b
in Scotland, the persons entitled to the moveable estate of the deceased on intestacy.