UC following death of member of a couple

Hi,

This is a case in which a couple were claiming UC and one member of the couple, who had LCWRA under the special rules, died. UC have now (after a struggle!) accepted that they should pay the couple rate standard allowance and the carer element for the two assessment periods following the assessment period in which the death occurred.

Does anyone have an opinion as to whether the LCWRA can also continue to be paid following the death of the person with LCWRA. Regulation 37 states that “the award is to continue to be calculated as if the person had not died for the assessment period in which the death occurs and the following two assessment periods.” It sounds like that would include a LCWRA element - am I understanding that right?

Many thanks

ADM Chapter F5: The LCWRA Element

F5015
“Where
1.  joint claimants are entitled to UC and
2.  the award of UC includes the LCWRA element for one member of the couple
and
3.  that member of the couple dies
the award of UC, including the LCWRA element, remains in payment as if the
person had not died for the assessment period in which the person dies and the
following two assessment periods.”