Bedroom Tax Exemption after death

Hi…first post
My client was a a fulltime carer for his mother who sadly passed away last August. They were living in a 3 bedroom council property. He took over the tenancy and is in the process of bidding for other council property. He obtained his Care Allowance run on, however when that run out he had to claim Universal Credit with the housing costs from October 1, 2018. My understanding is that he is exempt from the Bedroom Tax for a period of 3 months from the start of his UC claim ( reg 37 (c) ). However the DWP have not applied the 3 month exemption, we appealed, and he he has done a mandatory reconsideration via his journal, however the DWP has not responded to his journal. I am not a benefit adviser so all help is requested where we go from here…..answers in plain english please..thanks

They are correct unfortunately: the three months’ protection only applies when the claimant was already on UC before the death.  His only hope of getting the shortfall paid is to apply to the local authority for a Discretionary Housing Payment.  They will look at all the circumstances, but I would have thought that two factors weigh very heavily in his favour:

- he was living there for a good reason and saving the care budget a fortune
- he is actively looking to downsize

It seems very harsh indeed that he should end up with a bill for his trouble, one which perversely might affect his attempts to downsize if he doesn’t find a way of paying it (might not get the transfer if he has rent arrears).  I would put heavy emphasis on those two points in the DHP application.