Attendance Allowance stops when someone dies, but entitlement runs up to and including the date of death, so any payments owed for that period belong to the estate. The important point families miss is that you cannot start a brand new Attendance Allowance claim for someone who has already died. If a claim was already in progress or recently awarded, however, the arrears can be paid to the estate. This guide explains what happens to Attendance Allowance after a death, and how to claim anything owed.
| Situation | What happens |
|---|---|
| Payments stop | From the date of death; report it to the DWP |
| Money owed up to death | Arrears become an asset of the estate |
| Claim in progress at death | Can usually be continued by the personal representative |
| No claim made before death | A new claim cannot be started after the person has died |
| Overpayment after death | Must be repaid to the DWP from the estate |
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
What Attendance Allowance is
Attendance Allowance is a non-means-tested benefit for people over State Pension age who need help with personal care or supervision because of a physical or mental health condition. It is paid at one of two weekly rates, a lower rate and a higher rate, depending on the level of care needed. You can check the current amounts on GOV.UK. Because it ignores savings and income, many older people are entitled to it without realising.
What happens to Attendance Allowance when someone dies
Payment stops from the date of death. As with other benefits, you report the death to the DWP, most easily through Tell Us Once. Then one of two things follows:
- Money was owed. If Attendance Allowance was due up to the date of death but not yet paid, that amount is arrears owed to the estate and should be collected in with the other assets.
- Money was overpaid. If any payment covered a period after the date of death, it must be repaid to the DWP. Like other benefit overpayments, it is treated as a debt of the estate.
Claiming arrears owed to the estate
Where a claim had been made and a decision was outstanding, or an award was made shortly before or after the death for a period during the person’s life, the personal representative can pursue the arrears. Write to the DWP with the date of death and details of the claim, and ask for any sum owed up to the date of death to be paid to the estate. Keep the correspondence, because these arrears form part of the estate accounts and may need to be shown when you value assets for probate.
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The trap: you cannot claim after death
This is where families are most often caught out. If an elderly relative would clearly have qualified for Attendance Allowance but never actually claimed, you cannot make a claim on their behalf once they have died. Entitlement depends on a claim having been started while the person was alive. It is one reason it is worth checking eligibility early when a relative is unwell, rather than after they have passed away. Attendance Allowance is not usually backdated before the date a claim is made, so late claiming loses money even during life.
Knock-on effects on other benefits
Receiving Attendance Allowance can unlock extra Pension Credit, Housing Benefit or a Council Tax reduction. When Attendance Allowance ends on death, those linked entitlements end too, and any overpayment of them is likewise recovered from the estate. Dealing with all of this together is part of the wider job of estate administration.
Step by step for families
- Report the death to the DWP, usually through Tell Us Once.
- Check whether Attendance Allowance was owed up to the date of death.
- Write to the DWP to claim any arrears for the estate.
- Repay any payment that covered a period after death.
- Review linked benefits such as Pension Credit for overpayments.
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Untangling benefits owed to, and by, an estate is exactly the kind of detail our team deals with every day. Curtis Legal’s probate service acts for families across Torfaen and South Wales. Call 0800 214 216 for a same-day callback.
About the author
Written by Simon Jenkins, Director and Solicitor at Curtis Legal. SRA 167489. Firm SRA 450129. Simon leads the Curtis Legal private client team and has spent more than two decades helping families in South Wales recover what an estate is owed and settle what it owes.
This article is general information about the law in England and Wales and is not a substitute for tailored legal advice. Sources: GOV.UK, Attendance Allowance and GOV.UK, what to do when someone dies.
