Housing benefit in event of death?

BedHog

Hi all,


I'm just looking for some clues as to what might be happening here; hope someone can advise?


My partner owns a 3 bedroom house which for some while he has rented to an elderly couple - the council pays him the majority of the rent and they pay a small top up directly to him to make up the balance.


About 2 months ago, neither payment was received (council or personal) although no warning/notification was received either. Partner surprised but not massively worried as there had never been any issues in the past, lovely tenants, and so presumed it would be resolved in due course. Being a bit distracted by other matters, it wasn't until the 2nd payment the following month was missed that he made enquiries - direct to the tenant. Spoke to a family member and sadly the gentlemen had passed away very suddenly. The odd thing was that he passed 3 days after the first non-payment. The council couldn't have known (and anyway I doubt they act that quickly) as it was (my partner was told) a very sudden thing.


The council will tell him nothing more than they have stopped paying this benefit and suggested that the lady may not qualify for the same level of benefit, although will not go any further in terms of information.


The deceased was disabled so presumably those elements of the couple's benefits will have stopped but we're confused about why the housing payment would stop - and so suddenly too. The woman has just been widowed and immediately the council stop her rent. My partner will now need to contact the lady, he has every sympathy and does not want to add to her problems at the moment, but his main concern is he has no idea when/if any further payment might be made.


I do appreciate this might all sound incredibly naïve but it just seems odd to me that the council will give no guidance at all in this matter. Possibly a naïve assumption in itself!


Any thoughts, suggestions gratefully received.


All best, BH

Housing_Benefit_Officer

A big clue to what has happened her is that the claimant has died.

The deceased husband was probably the claimant. When a claimant dies entitlement to benefit stops. It does not continue.

The Widow will now need to claim Housing Benefit in their own right.

The longer she fails to claim Housing Benefit the longer the rent won't be paid. Good news is for pensioners Housing Benefit will automatically be backdated for up to 3 months.

There also may now need to be a new tenancy agreement is the widows name - but get separate legal advice regarding this.

BedHog

That certainly makes sense, thank you so much.


Best wishes, BH

HappyMJ

A single person over 35 has exactly the same entitlement to HB as a couple of any age. They'll pay just enough to cover the lowest 30% of rents in an area for a 1 bedroom flat.

You need to chase rent arrears a lot quicker. Chase the tenant not the council.

Housing_Benefit_Officer

HappyMJ wrote: »

A single person over 35 has exactly the same entitlement to HB as a couple of any age. They'll pay just enough to cover the lowest 30% of rents in an area for a 1 bedroom flat.

You need to chase rent arrears a lot quicker. Chase the tenant not the council.

The applicable amount for a single pensioner is different for a disabled couple.

Depending on the widows income will depend on how much of the rent will be paid.

dippy3103

Just to add, his widow can request a backdate. She would need to show continuous good cause for not claiming earlier and HB may or may not be backdated.

Housing_Benefit_Officer

dippy3103 wrote: »

Just to add, his widow can request a backdate. She would need to show continuous good cause for not claiming earlier and HB may or may not be backdated.

Pensioners automatically get their claims backdated for three full months - only working age claimants would need to make a request and show continuous good cause.