Bereavement -non-payment of Carer Element

I’d be grateful for any comments about this.

Cl was getting paid CA for looking after disabled partner. The partner passes away and cl immediately claims UC. The partner is claiming as a single person but was still in the eight week run on for CA which continued to be paid.

The first UC award shows the monthly payment of CA ( which is deducted from UC award) but does not include the Carer Element.

According to Reg 37 of the UC regs the Carer Element of UC could run on during the assessment period when the person passed away and for the next two assessment periods. Para C of this reg states that the extra amount is payable to anyone who had ‘regular and substantial caring responsibilities’ etc ( as per Reg.30 UC regs).

It does not seem to indicate that the person being cared for had to be part of a joint UC claim when they passed away.

IMHO the Carer Element should be included in the UC calculation for the first and second assessment period of the Cl’s UC claim ( but only those periods as there was no UC claim in place when the partner actually passed away).

Am I correct in this or have I missed something? Any observations or experiences gratefully received.

See this thread Pete - https://www.rightsnet.org.uk/forums/viewthread/13614/ - in particular the pre-action templates - https://www.rightsnet.org.uk/forums/viewthread/13614/#66794