Social Welfare (No. 2) Act 2019

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Payments after death

15. Section 248 of the Principal Act is amended—

(a) in subsection (1) —

(i) in paragraph (s), by the substitution of “allowance,” for “allowance;”, and

(ii) by the insertion of the following paragraphs after paragraph (s):

“(t) working family payment,

(u) back to work family dividend;”,

and

(b) in subsection (2) —

(i) by the substitution of the following paragraph for paragraph (a):

“(a) where a person who is in receipt of a benefit dies, and—

(i) he or she was receiving an increase in respect of a qualified adult, or

(ii) his or her spouse, civil partner or cohabitant is in receipt of a benefit in his or her own right,

payment of the deceased person’s benefit shall, subject to such conditions as may be prescribed, continue to be made for 6 weeks after his or her death and shall be paid, as the case may be, to the deceased person’s qualified adult, spouse, civil partner or cohabitant,”,

(ii) by the insertion of the following paragraphs after paragraph (eb) (inserted by section 13 of the Act of 2018):

“(ec) where a person who is in receipt of working family payment dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 52 week period provided for in accordance with section 230, whichever is the lesser) after the date of death of the deceased person,

(ed) where a person who is in receipt of back to work family dividend dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 104 week period provided for in accordance with section 238C, whichever is the lesser) after the date of death of the deceased person,”,

and

(iii) in paragraph (f), by the substitution of “paragraph (a), (d), (ec) or (ed) ” for “paragraph (a) or (d) ” in each place where it occurs.