under occupancy and 52 week exemption

client has applied for UC after her son passed away and had under occupancy imposed. I cant see where the 52 week exemption is in regs rather than having to apply for DHP to cover this

See this post

https://www.rightsnet.org.uk/forums/viewthread/10915/#50355

The bereavement protection in UC is in Reg 37:

Run-on after a death
37.  In calculating the maximum amount of an award where any of the following persons has died—
(a)in the case of a joint award, one member of the couple;
(b)a child or qualifying young person for whom a claimant was responsible; or
(c)in the case of a claimant who had regular and substantial caring responsibilities for a severely disabled person, that person,
the award is to continue to be calculated as if the person had not died for the assessment period in which the death occurs and the following two assessment periods.

Therefore the protection is where a member of the claimant’s household or a person they were caring for has died.

There is no separate protection within the housing costs rules to allow for this situation, where a joint tenant has died.

If it’s a new claim following the death of a household member, and the person was not already on UC, I’m afraid there is no protection at all, it’s just a new claim subject to normal rules.  But would probably have quite a compelling case for a DHP.

thanks for the replies
Thankfully in Scotland DHP will be applied due to Scottish Government mitigation policy.. just hoped there would still be an exemption.