Am I right in thinking that if an HB claimant (pensioner) dies, the LA would have to bring the award to an end because the claimant is nil entitled? If so any surviving partner would need to make a new claim.
In the old days (when benefit periods existed) there was a 4-week linking rule to link benefit periods together – HB Reg 72(13), CTB Reg 62(14). So if the surviving partner reclaimed within 4 weeks of the end of the old benefit period, entitlement could be continuous.
But the linking rule has been abolished along with benefit periods (see Reg 14 of the Abolition of Benefit Periods Regs). I am concerned that bereaved partners making new claims will suffer gaps in entitlement because their new claims will only take effect from the Monday after the date of claim. It seems harsh if the only way to get round this is to apply for backdated benefit.
I have used the death of the claimant as an example, but this problem could also arise if the claimant moves out of a dwelling but the partner remains.
I’m wondering whether the transitional provision at Reg 29 of the HB/CTB (SPC) Regs offers any sort of escape route? However, this would be at best a temporary reprieve.
Any thoughts on this?
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