52 week protection on Death

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  • #38990
    arenton
    Participant

    I wonder if i can ask for some help in interpreting reg 12D concerning the 52 week protection to rent on a death in a household.

    Generally i am happy that i understand the rules- but we have a claim where the rent is £80.77pw. The husband was the HB claimant and the eligible rent (it was ODRT) was £69.23pw.

    The claimant dies, and the partner makes a claim in her own right- it is LHA and the LHA rate that would apply is £71.54pw.

    Now i realise that the new rate £71.54 is higher than the old £69.23pw- but should i be using the £71.54 as the eligible rent- or should the eligible rent be the actual rent charged – ie £80.77pw?

    Reg 12D says- that the eligible rent shall be-

    – the eligible rent which applied on the day before the death occurred, or
    – in a case where there was NO eligible rent…..the reckonable rent due on that day…

    I’m not sure how to read that – do they mean the eligible rent that applied to the person or to the property-

    ie there was an “eligible” rent in place at the property (coz there was a previous HB claim)- interpret it this way- and she gets £71.54pw

    -but there was not an “eligible rent” applying in the claim- because it is a brand new claim- interpret it that way- and she gets HB based on her actual rent – £80.77pw

    Can anybody clarify what the correct interpretation is?- And should we pay out on £80.77 or £71.54 ?

    Thanks

    #122996
    Anonymous
    Guest

    I note this has had lots of reads but no replied, Has anyone got a comment on this as I would like the answer too. Basically where the Claimant dies and the Partner puts in a new claim would you pay the max rent before the former claimant died or is this a new claim and you can pay the reckonable rent?

    #122997
    Anonymous
    Guest

    The way I read it the Regulation very carefully avoids saying whose eligible rent it was before the death. I think the intention is that the pre-death eligible rent is preserved whether the claimant after the death is the same person or someone else. It doesn’t matter whether it was the claimant, partner, child or non-dep who died – the worst that can happen is that whoever is claiming HB now gets the same eligible rent for the next 12 months.

    The reckonable rent would only apply where the household was not getting HB before the death.

    #123015
    Kay_Tade
    Participant

    [quote=Peter Barker]The reckonable rent would only apply where the household was not getting HB before the death.[/quote]

    Does 12(D)(3)(b) not make a distinction? That’s how I’m reading it. So, in arenton’s example, HB payable is whatever the higher figure is.

    #123020
    Anonymous
    Guest

    12D(3)(b) is saying you get your normal LHA without having to rely on 12 months’ protection on death if that happens to work out higher – that could happen if there has been a rent increase since the eligible rent was last determined. You get the amount under (3)(a) or the amoiunt under (3)(b) – whichever is greater.

    But within the first of those options at subpara ()3)(a) there are two sub-options and that is what Andrea is asking about. I think the amount under subpara (3)(a) is the pre-death eligible rent whether it’s the same claimant or a new claimant.

    #123021
    Anonymous
    Guest

    Thanks both for your help, Im in agreement with you Peter but have a case where I wish I could pay more so was hoping for another angle.

    #123173
    Kay_Tade
    Participant

    [quote=Kay_Tade]Does 12(D)(3)(b) not make a distinction? That’s how I’m reading it. So, in arenton’s example, HB payable is whatever the higher figure is.[/quote]

    Ditto?

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