Terms & Conditions

[Anonymous]

Where can I find the new reg/circular that says that death now ends HB entitlement on the day rather than end of benefit week?

Thanks

[Anonymous]

Wasn’t that A18-2005?

[Anonymous]

Other way round isn’t it? Any change of circs that ends entitlement now takes effect from the following Monday, except daily payers leaving a hostel and the expiry of a 4-week notice period. There used to be much debate about what exactly was the nature of death as a change of circs: did rent liability automatically end, was the claimant’s vestigial earthly presence through their estate still liable for rent, were they no longer occupying the dwelling as their home and so on. None of that matters any more: HB ends from the following Monday.

[Andy Thurman]

My understanding is that death continues to end entitlement (as with any change that ends entitlement) from the Monday after the change (unless person who died was a hostel dweller!). A18/05 says this & is confirmed in A8/06.
Further to this, I queried end dates (for moves out of area/deaths etc.) in relation to calc of weekly rent – wasn’t sure if the phrase “appropriate number of days” was supposed to relate to days liable in final week (as old Reg 69(5)(c) used to for non-wkly tenancies).

DWP response states clearly:
” Yes I can confirm that a change that ends entitlement is effective from the first day of the following benefit week except for hostel dwellers with a daily liability ”
(Appropriate number of days is used where awarding beyond the following Monday under unavoidable liability rules.)

Hope this helps! 8)

[Anonymous]

Thanks for clarifying this Andy (and Peter x 2) – colleagues had mentioned this and I knew I’d seen something but cldn’t remember the details or circular.

Regards

[Author]

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