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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Universal Credit and bereavement protection

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Total Posts: 343

Joined: 7 September 2012

Tenant was a joint tenant with his sister who died. They lived in a 3 bed property so liable for 14% bedroom tax. Whilst sister alive they both got 50% of rent minus 14% bedroom tax.  Remaining tenant is on UC. He didn’t immediately inform UC she had died so he carried on only get 50% of rent liability covered by housing costs element. 5 months later he did inform them of her death and they have awarded 100% back to the date of death. However should the tenant get 13 weeks bereavement protection as well (i..e. to cover the bedroom tax as well) and does they delay in informing them of her death make any difference?

Grateful for any thoughts

SarahJBatty
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Money Adviser, Thirteen, Middlesbrough

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Joined: 12 July 2012

The bereavement protection in UC is in Reg 37:

Run-on after a death
37.  In calculating the maximum amount of an award where any of the following persons has died—
(a)in the case of a joint award, one member of the couple;
(b)a child or qualifying young person for whom a claimant was responsible; or
(c)in the case of a claimant who had regular and substantial caring responsibilities for a severely disabled person, that person,
the award is to continue to be calculated as if the person had not died for the assessment period in which the death occurs and the following two assessment periods.

Therefore the protection is where a member of the claimant’s household or a person they were caring for has died.

There is no separate protection within the housing costs rules to allow for this situation, where a joint tenant has died.

We have this situation where a UC claimant’s mother has died and she was the tenant and the HB claimant.  He is now the tenant and a UC claimant but there is no protection for him from the bedroom tax within UC.

Unless I’m misunderstanding, in your case the tenant has not lost out because although he notified them late, DWP have accepted good cause for lateness (bereavement) and accepted he is now fully liable for the rent, and also put the change into effect from the date of death?  Informing of a change outside of the assessment period in which it occurred will only result in an advantageous change being implemented from the relevant assessment period if good cause for lateness is accepted.

If I’m wrong about any of this please correct me.

SarahJBatty
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Money Adviser, Thirteen, Middlesbrough

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Total Posts: 345

Joined: 12 July 2012

Oh sorry I’ve just read you have the same situation with the bedroom tax.  DHP?