Bereavement and move to UC

The customer and partner were claiming HB based on ESAIR up until the claimant’s death. There is no SDP on the claim, nor are they are pension age and the accommodation isn’t supported. My view is that the partner now would need to claim UC for his income and housing costs but UC keep pushing him back to HB (they aren’t giving him reasons why either). The only thing I can think of is that the ‘new claim for HB’ by the surviving partner is a change of circs rather than a new claim but I don’t think that’s correct.

Has anyone come across this before?

I think you are right, and the answer would be the same even if there had been an SDP with the deceased member of the couple as HB and ESA claimant.  The surviving member of the couple needs to have been the claimant personally.  You can reduce it down these basic facts:

- the prospective claimant is currently entitled to neither HB nor ESA
- the only way they can become entitled to either of those benefits is by making a claim
- but Article 7 of the No 23 Order says they cannot make an HB claim
- and Article 3 or 4 of whatever local WRA commencement order applies in that postcode says that ESA(ir) is abolished if they try to claim it

So it’s either UC or nothing.

thanks for the confirmation