Another little meanness

The bereavement exemption for Bedroom tax is one year with Housing Benefit - three months with Universal Credit

Ruth, on that subject - I’ve had a couple of claims in the last 2 months of the HB lead claimant passing away and the surviving spouse having to make a new claim for UC (being barred from making their own HB claim).
Trouble is, unless I’m missing something completely obvious, there is no exemption from bedroom tax in this instance! We have had to rely on DHP to cover this.
I’ve asked our DWP liaison the question, who said he had to send it national as he didn’t know.

I understand the 3 months exemption in UC is when an existing UC claimant dies, and therefore is a change of circs.

I would be thrilled if someone can tell me I am wrong (although the DHP’s have been given without question so LA are not telling there should be an exemption)

If you think that’s mean I am horrified that a client of mine who was on a joint ESA claim with her husband who suddenly passed away has been refused backdating of UC.  She couldn’t even register his death for over a week as it was passed to the coroner for an inquest.  All this was fully explained at the JC interview I attended with her.  Unbelievable!

This is because the power to backdate is extremely limited - for example, official error is also not a ground for backdating (unless it is a computer failure). I’m not justifying it - just explaining it. There is a cring need for a campaign on this. In the meantime - try reconsideration and appeal, on the basis that a decent appeal tribunal might allow an argument along the lines of her being disabled by bereavement?

In answer to your question, Carlos, would there have been any change re bedroom tax, as couple are only entitled to one bedroom (unless there had been an overnight carer or they had been unable to share a room).  But in these circs the HB regulations would have been absolutely clear - so 12 months’ exemption.  As I read the UC regulations it is a run-on so your client doesn’t get it.  If this is so, then it perverts the purpose of the original Bedroom tax regulations, which were accepted because they offered all these concessions for “hard cases”.  So there could well be a need for a campaign.  Ruth

Sorry Ruth, I should have clarified.
Lead claimant was a pensioner, wife is WA. 3 bed property. Under-occupancy didn’t apply because of his pensioner status. He passed away and the HB claim was closed. She cant make a new claim for HB (which would have given 52 exemption), but instead has to make a claim for UC – therefore 25% reduction in HC’s apply.