Absence Abroad - in connection with death of a “close relative”

I have a client who is in receipt of UC and has travelled abroad with her young son, so that her son can see her mother-in-law (his paternal grandmother) before she dies.

The mother-in-law dies about 2 weeks into the absence and then they have the funeral etc, and then they don’t get a flight home until 8 days after the first month of absence has ended - mainly because they couldn’t find an affordable flight before this date.  So the total absence is one month and 8 days

This is her husband’s mother who died.  They are separated but not yet divorced.

I have 2 questions:

1. In terms of relying on an allowable absence of up to 2 months in connection with the death of a close relative, does she count as her mother-in-law if she is separated, but still married to her husband?

2. Does anyone have any thoughts on whether the cost of flights would be a reasonable reason for her not returning withing the first month?

(I have the exact same situation with HB (she is is TA), where she has an initial allowable absence of 4 weeks which may be extended to 8 weeks if the absence is in connection with the death of a close relative)

Thanks

The definition of ‘close relative’ includes parents-in-law so she would appear to be a close relative of your client (not of her son), providing that your client is still married to their ex. I don’t see that it matters that they are separated.

Re your 2, the legislation asks whether it would be unreasonable to expect them to return within the first month. I think its a fairly open question and doesn’t necessarily require us to nail down a ‘good reason’ as such for not returning sooner.  I don’t know if delaying the flight for financial reasons is necessarily the most compelling point, but I suppose it depends on how significant the difference in costs was in the context of the family’s finances. I would think if you explain the whole of the circumstances, which presumably include the whole thing needing to be planned in a bit of a rush with all the associated stress and activity going on, a DM might accept that it is appropriate to extend time by 8 days when everything is viewed in the round.

Re: point 2

Was it the case that the client had no return flight booked at the point she departed? It would be unusual not to have these days. If it was the case that she couldn’t take the return flight she’d originally booked because of mother-in-law’s death and then needed to wait for an affordable alternative, I’d be sure to make that clear - you’re still into the business of whether it was reasonable to return within the first month, but I think it’s an easier argument if the original intention was to return within that time.