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52 week HB protection on succeeding tenancy from relative?

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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Total Posts: 149

Joined: 21 June 2010

I have a client who’s recently succeeded the tenancy from her father who passed away earlier this year.

Am struggling to find information on whether or not she will receive the 52 week protection on her Housing Benefit entitlement, or whether the fact she has succeeded the tenancy will put a spanner in the works.

Anybody had dealings with a situation like this?

andyrichards
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City services - Brighton and Hove City Council

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Joined: 3 January 2013

Yes.  Assuming that your client was living in the property at the point her father died, she is entitled to protection for 52 weeks from the date of the death.  Reg13ZA (1) covers it -

“In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of a linked person, the maximum rent shall be either— 
  (a) the maximum rent which applied before the death occurred; or
  (b) in a case where there was no maximum rent, the reckonable rent due before the death occurred, 
  for a period of 12 months from the date of such a death.”

She just needs to claim HB once she has succeeded to the tenancy.  Bear in mind that the 52 weeks does run from the date of death, not the date of any HB claim she makes (although if she does claim a further down the line she would still be protected for any remaining part of the 52 weeks), also that what is protected is the eligible rent (however determined) at date of death - there’s no “future proofing” of subsequent rent increases.