The tenant and his partner both temporary into a rest home, the tenant was made permenant, the partner was granted succession. He was assisted by social services in applying for the tenancy to be transferred. Not long afterwards the partner (new tenant) died. but no HB application had been received. As the rent coninuted to be paid we were not aware that no HB application had been made. We have been sent notice of an overpayment which HB are asking us to pay. The overpayment is from the date the original tenant went into care. I know that a claim needs to made for HB to be paid and I am going to check with the Pension Service to see they helped him with a claim for PC at the time. Although I do not know what this will acheive. Has anyone out there had this problem previously and did they find a way to resolve it?

to clarify ( to see if i've understood your post correctly)

the original tenant went into a home permanently

his partner took over the tenancy of the property they had previosly lived in together and became, in fact, the new tenant.

the rent was paid on the property by someone throughout, but you don't say by whom and for what period.

but no HB claim was made by either?

so how can there be an o/p of HB if no HB claim was made?

or do you mean, the Original tenant ws on HB, but the new tenant wasn't, and that's the period for which the o/p has been raised?

Good morning Claire,

Thank you for replying. Yes they lived to-gether as partners, it was only when they knew the tenant would be in the nursing home permanantley that the partner succeeded the tenancy.

HB paid the rent, it was onlt when the new tenant died that it was discovered that HB did not know of the changes.

So did the deceased have an underlying entitlement to HB anyway and can you make a late claim? woudl be a thought. certainly original tenant's HB claim should have ended.... oh dear.

Is the tenant liable for the rent in receipt of pension credit?? if so, I think that housing benefit can be automatically backdated to when he became liable for rent.

I think you may have two problems.

Firstly, if an HB claim was not made when the partner (tenant number 2) claimed pension credit then it is too late for a claim to be made after she has died.

Secondly, the overpayment is in relation to the 1st tenant rather than the deceased. Therefore the only person who could have an underlying entitlement in respect of that overpayment is the 1st tenant, and it looks like all agree that he did move permanently into a rest home so U/E would not apply from the date he pecame perminant at that address (may be a chance of arguing for Benefit on 2 homes UNLESS the tenancy was transfered to partner from the date of the move).

The only chance I can see that you might have is to argue that the overpayment is recoverable from the 1st tenant rather than from you.