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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Pension Credit new period of absence abroad

Advice AUKW
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Advice and Support Service, Age Concern Wandsworth

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Joined: 10 January 2011

My client in receipt of Pension Credit only will be absent from the UK for 4 weeks for a temporary absence.  She then intends to the UK for a weekend in a B&B before going abroad again for another period of 4 weeks. 
I understand that a new period of absence starts if you return home even for a short stay and I have referred to
R v Penwith District Council, ex parte Burt
What I am not clear about is whether she would need to return to her own home to allow a new period of absence to start. can anyone throw any light on this for me?
thanks

 

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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HI Philippa, sorry for the delay in replying but I’ve been on leave.

I think the relevant regulations suggest that your client would need to return to the home which they claim PC from.

(13D) Subject to paragraphs (13E), (13G), (17C) and (17D) a person to whom paragraph (13C) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of that absence from Great Britain, provided that—

(a)the person intends to return to occupy the main dwelling as his home;

(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and

(c)the period of absence outside Great Britain is unlikely to exceed 4 weeks.

Subsection (a) does stipulate that the intention is that the person will return to their main dwelling as their home. I suppose you could argue that even though they stayed in a B&B after the first 4 weeks absence, they still intended overall to return to their main home eventually but its stretching it in my opinion.

Paul_Treloar_AgeUK
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Sorry but I think I made a bit of a mistake here.

The regulation I noted above was for HB for people about SPC age, so that only affects HB claims.

If your client is only claiming PC, I think that they could come back after 4 weeks and as long as they satisfy the other conditions of entitlement, as long as they stayed one night in Great Britain, whether at home or in a B&B, they should be given another 4 weeks temporary absence and have their PC paid as normal. The actual amended regulation for PC is as follows:

Persons temporarily absent from Great Britain

3.—(1) A claimant’s entitlement to state pension credit while the claimant is temporarily absent from Great Britain is to continue but for no longer than—

(a)4 weeks, provided the absence is not expected to exceed 4 weeks;

(b)8 weeks, where paragraph (2) applies; or

(c)26 weeks, where paragraph (3) applies,

provided the claimant continues to satisfy the other conditions of entitlement.

They must also expect the absence to last no more than 4 weeks of course. If they are claiming HB as well, however, I do think my answer above is correct in that they would be required to spend at least one night in their home in order for HB to remain payable during the second temporary absence.

Sorry for confustion, still dusting my brain off a little….