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Died before receiving first UC payment

 

Carlo
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Greenfields Community Housing, Benefits Advice Service

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Single claimant had a degenerative disease. Was moved into an adapted property. UC claim was made/verified etc but the claimant died after only 2 weeks of living in the property and had not received any payment.
Is it right that no UC or HC’s are payable because they hadn’t got to the end of the AP?
Any help would be great
Thanks

     
chacha
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Benefits Dept Hertsmere borough Council Herts

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Carlo - 12 July 2019 09:05 AM

Single claimant had a degenerative disease. Was moved into an adapted property. UC claim was made/verified etc but the claimant died after only 2 weeks of living in the property and had not received any payment.
Is it right that no UC or HC’s are payable because they hadn’t got to the end of the AP?
Any help would be great
Thanks

Unfortunate! They still have to decide the claim, I think, so I suppose this applies.

http://www.legislation.gov.uk/uksi/2013/376/regulation/37

 

Sorry, should have read you post more closely, this would not apply to a single claimant….......

      [ Edited: 12 Jul 2019 at 11:16 am by chacha ]
Carlo
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Greenfields Community Housing, Benefits Advice Service

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Thanks. Yes, single claimant. I cant find anywhere that says a portion of the personal allowance and/or the HC’s can be paid. The landlord (not us) is asking for 2 weeks rent and the JC are saying that nothing can be paid.

     
MartinB
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The landlord must claim unpaid rent from the estate of the deceased. The tenancy will run on until the landlord or the person looking after the dead persons affairs end the tenancy by giving notice.

     
ClairemHodgson
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MartinB - 12 July 2019 12:21 PM

The landlord must claim unpaid rent from the estate of the deceased. The tenancy will run on until the landlord or the person looking after the dead persons affairs end the tenancy by giving notice.

but of course if there are no assets etc, and no family to sort it out the landlord won’t be able to get anything from anyone.

     
Carlo
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Thanks for the comments guys. I’m aware of the landlords rights to recover (we’ve already told them that they cannot state that the mother of the claimant is liable - which is what they tried to do).
Its whether a UC payment is due to the estate? He hadn’t reached the end of the first AP, but the claim had been made and verified.

     
Charles
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Unfortunately UC will not give anything. The death is a relevant change of circs which takes effect from the start of the AP. See ADM A4132 and A4223.

Even without the rule that the change takes effect from the start of the AP, UC is only payable in respect of a complete AP within a period of entitlement: see s7(1) of the Welfare Reform Act 2012.

     
Elliot Kent
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In this wonderful new world, our lives are reduced to a series of assessment periods. Our births are backdated to the start of our parent’s relevant assessment periods and - when we die - that too is backdated to the start of our last AP. So there is no entitlement at all.

Perhaps the 2 week HB run-on is still payable?.

     
Carlo
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Greenfields Community Housing, Benefits Advice Service

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Thanks for your responses & references guys - appreciate it.

Re HB run on - He moved out of his mothers property so was previously a non-dep. No existing HB run on!

     
ClairemHodgson
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just wondering if there is anything to be said for Landlords (as a group) to take legal action; it must happen a lot, through no fault of anyone, and it can’t be right that landlords (particularly social landlords, but others as well) should be out the rent due when the person has been living in the property for possibly a while