What to do when a benefit claim is made then the person dies

Q. My husband recently made a claim for Attendance Allowance but sadly passed away. No decision has yet been made on the claim, will the claim have been cancelled because of the death or can the claim still continue?

By Lance Fuggle
Thursday, 27th June 2019, 2:08 pm
An appeal can be launched if the claim is rejected.
An appeal can be launched if the claim is rejected.

A.The death of an applicant in itself will not cancel the claim, if a decision has not been made then the application will still be processed and a decision will still need to be made.

There is no need to notify the Department for Work Pensions (DWP) of the death until the decision has been made.

If the application has been successful then the DWP will owe the money to the estate of your late husband and this will be arrears from the date the claim was made up until the date of his death (at this stage the DWP should be notified of the death to prevent overpaid benefit).

If the application is unsuccessful then you also still have the right to pursue a mandatory consideration and thereafter proceed to a Tribunal Hearing if the decision is unchanged if you wish to.

If the application for the benefit was successful then you also may wish to enquire about claiming Carer’s Allowance if you or someone else provided care.

In this situation Carer’s Allowance can normally be paid from the date the Attendance Allowance claim was awarded and then for a run on period of an additional 8 weeks from the date of death.

The award of Carer’s Allowance may also entitle you to additional benefits or increases to benefits you currently get, again these increase will normally run on for the additional eight-week period.

As always seek advice in order to proceed correctly.

Contact your nearest Citizens Advice office for help and support on various local issues.