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Top Housing Benefit & Council Tax Benefit topic #6799

Subject: "Linking Rules - Coming in and out of Hospital" First topic | Last topic
anadeem
                              

Pension Benefit Outreach Project, Trust /Hanover/ Beild H.A
Member since
06th Jun 2006

Linking Rules - Coming in and out of Hospital
Mon 30-Jun-08 09:32 AM

Hi everyone this may seem like a fairly straight forward question but the brain isn't working this morning!!!!!
Someone asked me about linking rules for HB. Far as i can remember the hospital linking rules only apply to Attendance Allowance not HB. You can get HB for upto 52 weeks while in hospital. If you come out the hospital the clock starts again? Is that right or I'm talking rubbish?

  

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Replies to this topic
RE: Linking Rules - Coming in and out of Hospital, AndyRichards, 30th Jun 2008, #1
RE: Linking Rules - Coming in and out of Hospital, Anselmo, 30th Jun 2008, #2

AndyRichards
                              

Senior Training Officer, Brighton and Hove City Council, Brighton
Member since
26th Jan 2004

RE: Linking Rules - Coming in and out of Hospital
Mon 30-Jun-08 10:28 AM

Correct

  

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Anselmo
                              

Income Recovery Advisor, Longhurst Homes - Boston, Lincolnshire
Member since
31st May 2007

RE: Linking Rules - Coming in and out of Hospital
Mon 30-Jun-08 11:13 AM

Yes, you are basically correct.

There was a High Court decision which stated that a return home would always reset the temporary absence clock, no matter how short it was.

The DWP, as often happens, found this tricky to accept, so made up some guidance that heavily implied, without explicitly stating, that the stay needed to last 24 hours to be "genuine".

A commissioner's decision covers both these angles - the return does have to be genuine in the sense that they must be going back to occupy the dwelling as their home- i.e. going to the property only to collect post or water the cactus may not count, but if the staty is deemed to be "genuine", they really do intend to return there to live, then even the shortest of times would count - they could fall ill and call an ambulance after 17 minutes, it would still start a brand new period of absence.

  

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Top Housing Benefit & Council Tax Benefit topic #6799First topic | Last topic