PART 8SOCIAL SECURITY BENEFITS

CHAPTER 3INCAPACITY BENEFIT

Death of claimant180

1

On the death of a claimant in respect of whom a code has been issued by the Inland Revenue, the Department must—

a

complete Form P45 indicating in Part 1 that the claimant has died, and

b

send it to the Inland Revenue.

2

The Department must comply with paragraph (1)—

a

on the day on which it learns of the claimant’s death, or

b

if that is not practicable, without unreasonable delay.

3

Paragraph (4) applies if the Department makes any payment of taxable incapacity benefit after the date of the claimant’s death—

a

before completing Form P45, or

b

after completing Form P45 but during the tax year in which the claimant died.

4

The Department must, on making the payment, deduct or repay tax as if the deceased claimant were still alive and the award had not ceased at the date of payment.

5

Regulation 37(2) to (6) (PAYE income paid after employment ceased) applies to any payment of taxable incapacity benefit which—

a

is made in a tax year following the tax year in which the claimant died, and

b

is not included in Form P45.