The Social Security (Claims and Payments) Regulations 1987

Payments on death

30.—(1) On the death of a person who has made a claim for benefit, the Secretary of State may appoint such person as he may think fit to proceed with the claim.

(2) Subject to paragraph (4), any sum payable by way of benefit which is payable under an award on a claim proceeded with under paragraph (1) may be paid or distributed by the Secretary of State to or amongst persons over the age of 16 claiming as personal representatives, legatees, next of kin, or creditors of the deceased (or, where the deceased was illegitimate, to or amongst other persons over the age of 16), and the provisions of regulation 38 (extinguishment of right) shall apply to any such payment or distribution; and

(a) the receipt of any such person shall be a good discharge to the Secretary of State for any sum so paid; and

(b) where the Secretary of State is satisfied that any such sum or part thereof is needed for the benefit of any person under the age of 16, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Secretary of State that he will apply the sum so paid for the benefit of the person under the age of 16.

(3) Subject to paragraph (2), any sum payable by way of benefit to the deceased, payment of which he had not obtained at the date of his death, may, unless the right thereto was already extinguished at that date, be paid or distributed to or amongst such persons as are mentioned in paragraph (2), and regulation 38 shall apply to any such payment or distribution, except that, for the purpose of that regulation, the period of 12 months shall be calculated from the date on which the right to payment of any sum is treated as having arisen in relation to any such person and not from the date on which that right is treated as having arisen in relation to the deceased.

(4) Paragraphs (2) and (3) shall not apply in any case unless written application for the payment of any such sum is made to the Secretary of State within 12 months from the date of the deceased’s death or within such longer period as the Secretary of State may allow in any particular case.

(5) Where the conditions specified in paragraph (6) are satisfied, a claim may be made on behalf of the deceased to any benefit other than income support or family credit or a social fund payment such as is mentioned in section 32(2)(a) of the Social Security Act 1986, to which he would have been entitled if he had claimed it in the prescribed manner and within the prescribed time.

(6) The following conditions are specified for the purposes of paragraph (5)–

(a) within six months of the death an application must have been made in writing to the Secretary of State for a person, whom the Secretary of State thinks fit to be appointed to make the claim, to be so appointed;

(b) a person must have been appointed by the Secretary of State to make the claim;

(c) there must have been no longer period than six months between the appointment and the making of the claim.

(7) A claim made in accordance with paragraph (5) shall be treated, for the purposes of these regulations, as if made by the deceased on the date of his death.

(8) The Secretary of State may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.

(9) In paragraph (2) “next of kin” means–

(a) in England and Wales, the persons who would take beneficially on an intestacy; and

(b) in Scotland, the persons entitled to the moveable estate of the deceased on intestacy.