Spare Room Subsidy Rules - Exemption for 52 Weeks or 13 Weeks following death of one resident

Couple with Joint tenancy - one resident working and therefore rent is paid in full with no HB top up. Resident recently passed away and remaining resident has claimed HB but is being advised liable for 25% of the rent as two spare bedrooms. There was no previous claim within 52 weeks but I am checking if able to claim exemption for 52 weeks following death or 13 weeks as no previous claim within the last year? Thoughts please

The person who dies need to be a “linked person” for the exemption to apply; that person might be a family member, a child or relative.

So I doubt the exemption at 13ZA applies unless they were related.

The definition of “linked person” also covers partners: limb (a) of the definition refers to any member of the claimant’s “family” which means partner and any children/YPs.  The “relative” part of the definition is there to scoop up other relatives such as non-dependants.  Therefore your client is entitled to 12 months’ protection from the bedroom tax under Reg 12BA(3)(b) because:

- s/he is occupying the same dwelling s/he occupied before the death, and
- there was no eligible rent before the death as the couple was not on HB

This means the worst that can happen for the next 12 months is that the HB eligible rent is the full rent payable on the day before the death.

thank you for this, I will go back to hb to raise this with them. Your advice is much appreciated.