The death of your spouse or registered civil partner will cause substantial changes in your financial situation and may give you entitlement to new social security benefits or affect existing benefits.

Both men and women whose husbands, wives or civil partners have died may be able to claim bereavement benefits which depend on individual circumstances, but the benefits cease if the claimant remarries, registers a new civil partnership or begins living with a new partner.

BEREAVEMENT PAYMENT AND BEREAVEMENT ALLOWANCE

• Bereavement Payment. You may be entitled to a single tax free payment known as a Bereavement Payment, if your spouse or registered civil partner was not entitled to a CAT. A State Retirement Pension based on his or her own contributions when he or she died or if you are under state pension age. The current pension age is 65 for men and 60 for women but during the period 2010 to 2020 the age for women will be gradually increased until it equals that for men. Bereavement Payment is based on your spouse’s or your civil partner’s National Insurance contributions. The claim for Bereavement Payment must be made within 12 months of the death unless there are exceptional circumstances.
• Bereavement Allowance. You may be entitled to a periodic payment known as a Bereavement Allowance for up to 52 weeks or until you reach state pension age, whichever period is the shorter. The amount of the payment is based in part upon your spouse’s or civil partner’s National Insurance contributions and in part upon your age when your spouse or civil partner dies. You must be aged at least 45 when the death occurs to make a successful claim. The claim should be made promptly, because the allowance will only be payable from the date of the claim and not from the date of the death if claimed after three months from the date of the death.

Only the higher of Bereavement Allowance and State Retirement Pension is payable, not both.

Even if your spouse or civil partner had made insufficient National Insurance contributions you may be able to claim Bereavement Payment and Bereavement Allowance if he or she died as the result of an industrial disease or accident at work.

There is one claim form for the above benefits which is obtainable from the local Benefits Agency, the address of which can be found in a telephone directory.

It must be remembered that Bereavement Payment and Bereavement Allowance are only payable in respect of those who were legally married or registered civil partners at the time of the death and that for benefit purposes, if you remarry, live with another as man and wife or civil partner, you cease to be a widow or widower or partner of a deceased civil partner as the case may be for the purposes of Bereavement Payment and Bereavement Allowance.

Whether you are employed or not does not affect your entitlement to bereavement benefits.

WIDOWED PARENT’S ALLOWANCE

This is a benefit paid by regular payments to widows, widowers or registered civil partners who are under state pension age. It is based in part upon the deceased spouse’s or registered partner’s National Insurance contribution record and in part upon their earnings. It is payable to those who are eligible for child benefit or pregnant with their registered civil partner’s or spouse’s child or one conceived by in vitro or artificial insemination.

Anyone who is pregnant may qualify for one of the following:

• Statutory Maternity pay from an employer
• Maternity Allowance from the social security system
• A Sure Start Maternity Grant from the Social Fund.

Enquire at the local Social Security Office or Jobcentre.

INCAPACITY BENEFIT

If you are incapable of work and under state retirement age you might be entitled to this benefit until you reach that age.

THE STATE RETIREMENT PENSION

If you are receiving the State Retirement Pension in your own right when your spouse or civil partner dies, you may be entitled to an increase in the pension, and if you are not receiving a State Retirement Pension, you may become entitled to one. In each case it depends upon your late spouse’s or partner’s contribution record. Enquire at the Benefits Office.

WAR WIDOW’S PENSION

War Widow’s Pension is becoming increasingly rare as the years pass, but if obtainable it is a particularly valuable benefit in that it is tax-free. It may be payable if your parent, registered civil partner or husband was receiving certain benefits as a consequence of injuries received in a war or his death resulted from injuries suffered in war.

JOB SEEKER’S ALLOWANCE

After the bereavement you might feel that not only do you need more money but you also have more available time and are lonely. If you decide to seek work you should note that you might be able to claim Job Seeker’s Allowance if you are over 18 and under state pension age, and you are capable of work which you are actively seeking and for which you are available. The benefit is claimable either on the basis of low income or National Insurance contributions.

WORKING TAX CREDIT

This is a means tested benefit administered by the Inland Revenue payable both to the employed and self employed who work at least 16 hours a week and are over the age of 16. It is payable to low earners and intended to make work financially attractive. It can be claimed online at www.inlandrevenue.gov.uk/taxcredits or through the Inland Revenue Helpline telephone 0845 300 3900 or textphone 0845 300 3909.

INCOME SUPPORT

Income support is a benefit payable to people aged between 16 and 60 who have limited savings and have a low income. It is intended for those people of limited means who cannot be expected to do a normal week’s work, e.g. those who are sick or disabled or are voluntary carers. It is not available to those who work for more than 16 hours a week or have a partner who works for 24 hours or more a week or those with over £8,000.00 in savings.

SOCIAL FUND PAYMENTS

I have previously referred to assistance from the Social Fund with the cost of the funeral and Sure Start Maternity Grants. Other grants and loans which do not depend upon National Insurance contributions are also available from the Social Fund to help with expenses which are burdensome and non-recurring. Some, but not all, are dependent upon already being in receipt of Income Support or income-based Job Seeker’s Allowance and some, but not all, have to be repaid. Those that are loans and not grants and have to be repaid are free of interest.

ASSISTANCE WITH CHILDREN

If you are left to care for a child or children remember Widowed Parent’s Allowance mentioned above and also consider claiming Child Benefit which is a non-means tested benefit payable to those who contribute towards the financial cost of bringing up a child. The child need not be your child or living with you but must be:

• under the age of 16; or
• under the age of 18 and registered at the careers office for work; or
• under the age of 19 and following a full time course of study.

Only one person or partner can receive Child Benefit in respect of any child and if a person in receipt of the benefit dies the benefit ceases unless a new claim is made by another person. Claim forms can be obtained from the local social security office or Jobcentre or from the Child Benefit Office.

In addition to Child Benefit a person with a child to care for may be entitled to Child Tax Credit, a means tested benefit administered by the Inland Revenue which can be claimed:

• online;
• through the Inland Revenue Helpline (0845 300 3900);
• through the local Job Centre; or
• through the social security office.

Guardian’s Allowance

The requirements to qualify for Guardian’s Allowance are complex but it is not necessary to be a guardian in the strict legal sense to be entitled to the allowance and it might well be worth making a claim.

BENEFITS FROM LOCAL AUTHORITIES

In addition to the above benefits, if you are on a low income and pay rent you might be entitled to Housing Benefit from the local council, and if you are on a low income and pay council tax you might be entitled to Council Tax Benefit. These two benefits are means tested. Remember also that if the death leaves you living alone in your property you will be entitled to a reduction of 25 per cent on your council tax bill, and the following people who may in fact be living with you are ignored for the purpose of deciding whether or not you are living alone:

• anyone under the age of 18;
• students and those in further education;
• student nurses;
• Youth Training trainees and apprentices;
• anyone who has severe mental problems;
• those other than partners who care for you if you have a disability and receive certain benefits;
• paid care workers who live in;
• members of the armed forces and certain international institutions.