× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

Under occupancy exemption when someone dies

Kat39
forum member

Duwc,Derbyshire

Send message

Total Posts: 1

Joined: 28 November 2014

I am asking a question re under occupancy charge exemption when someone dies. My LA has sent a response regarding whether an exemption should apply when a relative dies and not a partner for the 52 weeks protection. The LA states that it does not cover cases where former non-dependants become liable and the original claimant is the deceased relative. Could anyone shed any light on this? Thank you

HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2895

Joined: 12 March 2013

Reg 12BA(3) to (5) provides for 12 months’ protection following the death of a “linked person”.  The term “linked person” is defined in Reg 2 and the difficult bit of the definition is limb (c) which says:

any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it

Who does it mean by “claimant” and at what time?  To me “claimant” has to mean the person who is making the claim now, because otherwise the definitoin would not make any sense in relation to Reg 12BA(3)(b) (no-one getting HB immediately before the linked person’s death).  But the definition is describing the circumstances as they were immediately before the death.  So in the case of a non-dep succeeding to the tenancy:

- that successor is the “claimant” referred to in the definition
- but you are looking at the household before the linked person died
- they are covered because the non-dep’s right of occupation was bound with that of the deceased tenant - it wasn’t a “separate” right of occupation

I would have thought this is exactly the situation that the policy is aimed at. I believe DWP’s position is that protection on death only applies when the claimant is the same person before and after the death, but that seems to me to deprive Reg 12BA(3)(b) of any purpose.

It could do with clarification.