Reply To: What does ‘entitled to’ mean?

#162718
d-stainsby
Participant

The date last Sunday was 8 October 2017.

Regulation 83 (5)(c) of the 2006 working age Regulations provides:

Time and manner in which claims are to be made

(5) Subject to paragraph (10)  the date on which a claim is made shall be–

(c) in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;

This lady has until 8 November 2017 to make her claim for HB.  She will of course be of pension age by then, so if she makes her HB claim on 8 November 2017, it is arguable that the date of her claim must be deemed to be 8 October 2017 and she is entitled to HB from the Monday following 8 October 2017

I doubt if a UC claim from her on 8 November 2017 would be considered so on the face of it this would solve the problem. (I presume that she is otherwise entitled to bereavement allowance)