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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

‘natural’ migration following death of family member

MelanieHart16
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Bury Support Scheme, Citizens Advice Bury

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Total Posts: 1

Joined: 9 April 2019

My client lived with his uncle in a joint tenancy. Client was a carer for uncle and receiving IS/CA/HB. Uncle died in May and as a result cl has received CA run on but has had to make a claim for UC my question here is, under HB rules 52 week rule would’ve applied, there appears to be no such protection under UC. The protection only applies to existing UC claims and is up to a 3 month period for bereavement. Client is now solely liable for tenancy plus all other HH aspects. I have applied for a DHP which, for now, LA have agreed to cover but it has come back to say they are unsure where they stand in terms of awarding 52 weeks (a large amount from the DHP pot). Has anyone come across or had a similar experience and what was your outcome.

Tanks in advance

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

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Total Posts: 2895

Joined: 12 March 2013

I’m not sure the HB 12-month rule would have applied here: as he was already on HB, the rule would only have protected his eligible rent at the same amount it was before the death (presumably 50%).  He qualifies for more than that as sole tenant*, so the 12-month protection would not have any effect.

*I cannot think of any plausible way his normal HB eligible rent/UC housing element would be any less now than it was prior to the death.