Has anyone had problems establishing eligibility under the occupation criteria for claimants who are having a phased discharge from hospital? This normally means that after commencing a tenancy they only have the odd overnight or that the overnights do not happen for a considerable time when the person is ill.

I am aware of the reported decsion concerning the "normally occupies" definition in reg 7 and that a person can be treated as occupying a home they have not moved into yet (the case swung on when the persons possessions were moved in). Are there any other decisions anyone knows about or examples from peoples practice that may be useful?

Thanks

Ian Walker
Shelter

Hi Ian,

I'm not sure if this is the case scenario you have in mind, but you may find it worth checking out (from the top of my head, i'm at home so Haven't got Zebedee, Ward, Lister HB/CTB Handbook to hand).

R v West Penwith DC ex parte Burt (why is always Cornish councils cropping up) early 1990's (possibly 1991) we (team i was in) used to use it for long stay patients in mental health hospitals, who were deemed by LA's as having been inpatients for over 52 weeks. Basically patients who had been on home leave at least for 24 hours or more or people who had run out the front hospital gate for similar period or more (NHS term is gone AWOL).

Andy

R v Penwith District Council ex parte Burt 1990