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UC HCC deductions following death of person creating an exemption
Situation of couple claiming UC with an adult non-dependant. One of claimants gets qualifying disability benefit so there are no HCC deductions in respect of the allowable housing element.
Following the death of one of the couple (the one receiving the disability benefit) there is provision for UC to continue to be calculated as if the deceased person is still alive for the assessment period in which death occurs and two subsequent assessment periods. The couple allowance. LCWRA, carer element etc all run on.
I am not clear whether the exemption from the HCC also continues for two months (on the grounds that the deceased is treated as still being alive and if alive they would still be getting the qualifying benefit) or whether an HCC will be applied following the death.
If anybody can clarify this and point me at any relevant guidance I would appreciate it.
Reg 37 refers to the maximum amount (i.e. the sum of the elements) being calculated as if the person had not died. The HCC (or absence of HCC) is part of the calculation of the maximum amount so yes I would say the HCC should not apply during the Reg 37 run-on.
Reg 37 refers to the maximum amount (i.e. the sum of the elements) being calculated as if the person had not died. The HCC (or absence of HCC) is part of the calculation of the maximum amount so yes I would say the HCC should not apply during the Reg 37 run-on.
Thanks, HBAnorak. That’s how I read it but was having one of those ‘doubting myself’ moments!