I am hoping for some insight here and a bit of clarification to ensure that the original decision taken on this claim was correct.
Sept 22 MAC couple with PCGC in pay prior to 15/05/19 move into LA. Mr (PCGC) does not move into property as he is in hospital. Mrs (MAC partner on ESA C) does not move into property until Mid Oct 22. Mr (PCGC) dies 03/11/22. In late Dec 22 we received a claim from Mrs as the claimant with Non dep requesting HB with backdating back to start of tenancy. HB was refused based on HB having ended in the previous LA and the claimant not being able to claim a new legacy benefit in new LA. Due to her being working age she was signposted to UC. UC was claimed for housing costs
My question is:
1. As Mrs submitted the claim after Mr died, could we have paid HB under the Savings and Transitional provision of the Welfare Reform Act 2012 (commencement 31), even though Mr was not the claimant or resident in the household by using CH/2957/2004 as the basis for doing so, with him as the claimant.
If this is possible then a closed period could be input using Mr as Claimant, from Mid Oct to DOD, after which Mrs would have been required to claim UC. I am looking at migitigating some of the accrued arrears and preventing this progressing to the Ombudsman as it has come in as a Stage 1 complaint
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