Whether a legacy benefit claimant will need to make a claim for UC when their partner dies will depend on many factors set out below.

We have outlined in the table at the bottom of the page the impact a partner dying could have on any existing legacy benefits.

The surviving partner might be eligible for Bereavement Support Payment on top of any other income – see below.

Housing Benefit

Main HB claimant dies

HB entitlement ceases when the HB claimant dies. HB will be paid up to the end of the week (ie Sunday) of death.

The surviving partner can make a new claim for HB if they:

• are State Pension Age (ie. 66 or over), or
• are living in 'specified accommodation', or
• are living in 'temporary accommodation' 

Otherwise, if they need help with their rent they may need to claim Universal Credit.

Note that, the surviving partner will not be entitled to the 2-week run on of HB (Transition to UC Housing Payment) if they claim UC, even if they make that claim whilst the deceased’s HB award is still in payment. This is because only the main claimant of HB can receive this run-on.

Partner of HB Claimant dies

If it was the partner of the HB claimant who died, HB can continue. The surviving partner will need to notify the HB Office (directly or via the Tell Us Once service) of the death.

However, in some situations (for example if they were on a couple claim for Tax Credits) the death of their partner may nevertheless mean they might need to claim UC to replace lost income. A claim for UC would bring the HB claim to an end (unless they are living in 'specified' or 'temporary' accommodation).

Income Support, Income Based JSA and Income Related ESA

If the deceased partner was the lead claimant for these benefits, the award will end and the surviving partner will not be able to make a new claim for any of them (unless they are in receipt of Old Style Contributory ESA - click here) so they should consider making a claim for UC. 

(Note that, as IS/IB-JSA/IR-ESA has already terminated due to the death of the main claimant, the surviving partner cannot qualify for a 2-week run on if they claim UC.)

If the surviving partner is the lead claimant for these benefits, the award can continue as long as they remain entitled when their entitlement is reassessed to remove their partner.

Tax Credits

All Tax Credit awards end when a claim goes from couple to single. The surviving partner will not be able to make a new claim for Tax Credits so this could be a trigger for UC. If they remain entitled to another legacy benefit they need to consider whether they can live on the reduced benefit income or whether they could be better off if they claim UC if eligible - they should seek advice from a Welfare Benefits Adviser who will be able to conduct a better off calculation.