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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Benefit cap after bereavement

Rebecca Lough
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Welfare rights - Greenwich Council

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Total Posts: 224

Joined: 23 November 2018

Hello,

I suspect there’s no UC solution but just wanted to check. Client’s husband passed away, leaving her the sole parent of a number of dep children. She has no work history. Husband was working prior to death and so he would be exempt from the benefit cap through grace period, but I presume now that he’s died, he stops being part of the equation when considering whether she should be exempt from the benefit cap?

Any other thoughts welcomed…

Paul Stockton
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Epping Forest CAB

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Joined: 6 May 2014

The way I read the regulations is that the grace period continues notwithstanding his death. Reg 82(2) of the UC Regulations sets out when a grace period begins and 82(3) sets out the condition, namely the earnings during the previous 12 months. The key phrase to my mind is: “the claimant’s earned income or, if the claimant was a member of a couple, the couple’s combined earned income ...” The use of the word “was” suggests to me that the key fact is the claimant’s status as at that date, not later.

I think my reading also make sense in policy terms. The purpose of the grace period, I guess, is to give a family a fixed time to adjust to the effect the benefit cap will have. There seems no sensible reason why that time should be shortened because of bereavement - quite the opposite.

https://www.legislation.gov.uk/uksi/2013/376/regulation/82

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Joined: 27 February 2019

You are correct. The guidance is explicit about this. See page 3 here.