Social Welfare Consolidation Act 2005

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Payments after death.

[1993 s210(1); 2005 (SW&P) s26 & Sch 4]

248.—(1) In this section—

“benefit” means—

(a) disability benefit,

(b) unemployment benefit,

(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,

(j) blind pension,

(k) unemployability supplement,

(l) supplementary welfare allowance,

(m) pre-retirement allowance,

(n) disability allowance,

(o) farm assist,

(p) widow’s (contributory) pension or widower’s (contributory) pension,

(q) one-parent family payment,

(r) death benefit under section 81

(s) carer’s allowance;

“relevant person” has the meaning given to it by section 99 (1) or, as appropriate, section 179 (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 6 weeks after the date of death and shall, during that period, be made to the person and subject to the conditions that may be prescribed,

(b) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of the increase shall continue to be made for 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 that child shall continue to be made for 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 the increase shall continue to be made for 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 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 81 or 83 or entitlement to one-parent family payment by virtue of being a widow or widower, shall not begin until after the end of the period of 6 weeks mentioned in paragraph (a) or (d) except and to the extent that regulations otherwise provide.