Social Welfare (Miscellaneous Provisions) Act 2004

Payments after death— improvements.

5.—(1) The Principal Act is amended by substituting for section 210 (as amended by section 7 of the Social Welfare (Miscellaneous Provisions) Act 2003 ) the following:

“Payments after death.

210.—(1) In this section—

‘benefit’ means—

(a) disability benefit,

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(c) injury benefit,

(d) carer's benefit,

(e) old age (contributory) pension,

(f) retirement pension,

(g) invalidity pension,

(h) unemployment assistance,

(i) old age (non-contributory) pension and blind pension,

(j) unemployability supplement,

(k) supplementary welfare allowance,

(l) pre-retirement allowance,

(m) disability allowance,

(n) farm assist,

(o) widow's (contributory) pension or widower's (contributory) pension,

(p) one-parent family payment,

(q) death benefit under section 60,

(r) carer's allowance;

‘relevant person’ has the meaning assigned to it by section 82A(1) or, as appropriate, 163(1).

(2) Notwithstanding any provisions to the contrary in this Act—

(a) where a person who is in receipt of a benefit which includes an increase in respect of a qualified adult, or where the spouse is in receipt of any benefit in his or her own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall, during that period, be made to such person and subject to such conditions as may be prescribed,

(b) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of such increase shall continue to be made for a period of 6 weeks after the date of death,

(c) where a person is in receipt of one-parent family payment by virtue of having not more than one qualified child and that qualified child dies, payment of the one-parent family payment including the increase in respect of such child shall continue to be made for a period of 6 weeks after the date of death of the qualified child,

(d) where a qualified adult in respect of whom an increase of benefit is being paid, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death,

(e) where a person is in receipt of carer's benefit or carer's allowance and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carer's benefit or carer's allowance shall continue to be made for a period of 6 weeks after the death of the relevant person,

(f) in any case where payment is made by virtue of paragraph (a) or (d), entitlement to widow's (contributory) pension, widower's (contributory) pension, widow's (non-contributory) pension, widower's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, death benefit under section 60 or 62 or entitlement to one-parent family payment by virtue of being a widow or widower, shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) or (d) except and to the extent that regulations otherwise provide.”.

(2) This section comes into operation on 1 June 2004.