Need to know what the current position is on this issue. Have a very frail client with dementia who is being asked to provide a totally unreasonable level of proof for a 6 month hospital inpatient stay. She is an owner occupier so HB not applicable.

So does occupancy have to be proved?

I have found old thread on this topic:
http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=102&topic_id=4075&mesg_id=4075&listing_type=search

-but I regret to say that I did not fully understand the technicalities (and the thread shows far better brains than mine struggling).

Since the last thread, I *think* I can simplify what was said...

Under CTB(PC)R 8, someone who is absent is NOT entitled to CTB UNLESS the absence is a "period of temporary absence". The term "period of temporary absence" is defined in CTB(PC)R 8(3).

So, if your client meets any of the criteria in para 3, she will be entitled to CTB (assuming she otherwise qualifies).

As an aside, CTB(PC)R 2(2) provides that references to occupancy shall be construed in accordance with HBR 7. However, this probably won't be at issue in your case.

Hopefully, this is more helpful than what I acknowledge was overly techie guff in the earlier thread.... .

After re-reading that thread I think I eventually ended up where Kevin did but what a bloody journey!