Death makes getting HS2 compensation easier Those who do apply have found they have been expected to jump through a series of hoops to qualify for payment. While a family looking to expand can expect a sympathetic hearing, one which is downsizing is more likely to be turned down. Home owners have also been obliged to prove they have made strenuous efforts to sell their homes - which in the case of properties on the route frequently entails paying non-returnable estate agents" fees in excess of £1000. Other victims of the strict interpretation of the rules include a disabled man who, HS2 argues, should be able to remain in his home which will be around 100 yards away from where one of the tunnels is being dug. While they have failed to convince assessors of their pressing need to sell their homes, the scheme does protect anyone who inherits a property. "The winding up of the estate of a deceased person would also be regarded as representing a pressing need to sell, even where the new owner did not occupy the property themselves," the latest guidance says. "You don't have to dead to claim under the hardship scheme, but it helps," said Hilary Wharf of HS2 Action Alliance, which is campaigning against the proposed 351 mile line. A Department for Transport spokesman said: "The Exceptional Hardship Scheme is a discretionary scheme that sees the Government going above and beyond what is required by law. We have a responsibility to manage this fairly for both the taxpayer and those affected by the route. Only a small proportion of successful applications are from personal representatives who are winding up the estate of a deceased person.