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Top Housing Benefit & Council Tax Benefit topic #6530

Subject: "HB and temporary absence from home" First topic | Last topic
ben
                              

Advice and Support Worker, Your Homes Newcastle, Newcastle upon Tyne
Member since
17th Dec 2007

HB and temporary absence from home
Tue 06-May-08 03:51 PM

Tue 06-May-08 03:53 PM by ben

Afternoon.

I have a client who is fleeing from her home due to fear and threats of violence. She is currently staying with her only young child in a one bedroom flat which is ordinarily occupied by another family member. She has not resided in the property which she is a tenant since April 2007. Her HB claim ended sometime in June 2007, and at the time left her with a overpayment. She was offered another property by the local council with a housing management let due to harrassment. This property was unsuitable and she declined this offer.

I have been working with her since early this year and up until recently she had over £3000 of arrears. She was going to terminate her tenancy at the time of our first meeting, but due to the fact she would most likely be classed as intentionally homeless if she terminated she was advised against it. We have succesfully applied for a backdate of HB for 52 weeks under the rules and regulations for temporary abscence from home due to being away from home due to fear of violence. This backdated her HB from April 07 and April 08. In the meantime we have also managed to get her another offer from the housing department, however due to shortage of housing supply this may take at least another month. In the meantime her arrears are going up again.

I have read in the CPAG book that under exceptional circumstances HB can be awarded for longer than 52 weeks, has anyone tried this and had any success? What are the best tactics to use? What are the conditions for exceptional circumstances?

Thanks in advance.

  

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Replies to this topic
RE: HB and temporary absence from home, jpstaffs, 07th May 2008, #1
RE: HB and temporary absence from home, Kevin D, 07th May 2008, #2

jpstaffs
                              

Customer Contact Centre, Stafford Borough Council, Stafford
Member since
25th Apr 2008

RE: HB and temporary absence from home
Wed 07-May-08 07:25 AM

Zeb & Ward 2007/8 p52 refers you to DWP guidance A3.532 and an "absolute maximum" of 15 months

No case law though

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: HB and temporary absence from home
Wed 07-May-08 09:20 AM

The maximum backdate period for HB/CTB is 52 weeks - this is absolute and there is no wriggle room.

I *think* the confusion is in relation to occupancy (irrespective of backdating) in the context of whether or not there is an intention to return "...is unlikely substantially to exceed..." 52 weeks. Even then, HB is still only payable for 52 weeks max.


  

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Top Housing Benefit & Council Tax Benefit topic #6530First topic | Last topic