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Forum Home  →  Discussion  →  Housing costs  →  Thread

52 week protection on death (HB) lost on transition to UC

Lisa Graham
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Thirteen Group

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Total Posts: 5

Joined: 18 May 2017

I have a lady who until January this year lived in a 2 bedroomed property with her mother. The mother was a non dependant in the daughters household. The daughter was in receipt of Income Support, Carers Allowance and Housing Benefit and not subject to a bedroom tax deduction.
The mother died. The daughter continued to receive Income Support, Carers Allowance and Housing Benefit during her 8 weeks carers allowance run on period, but when this ended she was forced to claim Universal Credit as she lived in a Full Service UC area.
During the Carers Allowance run on period, she was entitled to the ‘52 week protection on death’ in her Housing Benefit calculation, but when she claimed UC, her HB ended and she was not entitled to any protection in her UC because:
1. the 52 week protection does not exist in UC but has been replaced by a 3 assessment period protection
2. she was not entitled to this 3 assessment period protection because her mother did not die whilst she was on UC but before she claimed it.
Surely this is a situation that needs looking into as she went from a 52 week run on which lasted 8 weeks max to no protection.
Does anyone have any advice that could help this lady?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Total Posts: 1362

Joined: 16 June 2010

I can only suggest trying a Discretionary Housing Payment ...

(It does seem like a situation that merits some more formal transitional protection though, it’s going to come up fairly often. Speak to the MP?)