Can anyone please clarify/advise on regs on this please?

When a tenant dies on a Sunday we were always told (whilst working in Hb many years ago) , that as they were alive for at least part of the Sunday, the first day they are 'dead' (sorry to be blunt) was the Monday and therefore Hb should end on the following Sunday.

Has this changed at all as our local Hb office are now saying to us that HB will end on the actual date of death if this fell on a Sunday?

thanks in advance

According to the HB regs a change of circumstances takes effect from the first day of the benefit week (ie Monday) after the day on which the change of circumstances occurred. That on these facts was on Sunday so he remained entitled for Sunday even though he was not alive all that day. The same would have applied if he had ceased to occupy rented premises partway through the Sunday: you could as well have said that Monday was the first day on which he was no longer occupying the premises.

Thu 04-Mar-10 09:46 AM by ros.white

hi.

it comes under reg 79(1) of the HB regs. i used to work for a housing association and we successfuly argued that the change of circs was on the monday since that's when HB stopped being payable, so that means benefit payable up to the following sunday. i don't think there's an upper tribunal decision on it. a couple of cases at the housing association won at tribunal. in one case the LA asked for a statement but didn't appeal further.

cheers ros

Thanks for your help both of you
Diane

Thu 04-Mar-10 01:00 PM by Jill Fernandez

Hi, I work for a HA and when it happens to one of our recently deceased tenants (even if the tenant died during the middle of the week), I nomally contact the LA and say because there is a rent liability until the end of the week, HB should therefore be paid until the end of the week of the change (in your case till the end of that day).

They usually amend it and award HB to the end of the week without a problem.