Hi

I have a client who is in prison for 13 weeks and 1 day. Does any one know of a way she can keep her housing benefits entitlement? She went into prison at 4.30 p.m on the 9th May and is due to be release at 9a.m on the 9th August.

Hope someone can come up with a solution for her and me.

Thanks
Emily

I would argue that she was not absent from her home on 9 May, neither will she be absent from her home on 9th August, and so only complete days (Midnight to Midnight) can count for a period of continuous absence.

Her absence from her home is therefore less than 13 weeks given that a week is a period of 7 days

Thank you

Excellent news thanks for this. Are there any references or regs I can use to back my argument.

Thanks again
Em

Absence is discussed by Bonner in a different context , that of Reg 4 of the IS Regs (Temporary absence from Great Britain )

To quote from Bonner:

"When calculating abence from Gret Britain, the day of leaving and the day of return are both days on which the person is in Great Britain (see para 070642 of the Decison Makers Guide and R(S)1/66)"

The same principle must surely apply to absence from the home

I dont have a copy of R(S)1/66 and appeal to anyone who does to send it to righsnet so it will be available to all of us

The same applies when counting days in hospital or residential care for the purposes of receipt of DLA care component. So should argue that this principle extends across the entire socal security scheme and is now an established principle of social security administrative law.

Thanks to stainsby R(S) 1/66 is now available on rightsnet.