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Top Housing Benefit & Council Tax Benefit topic #244

Subject: "When is a temporary absence not a temporary absence" First topic | Last topic
carol
                              

Welfare Rights Unit, Cardiff County Council
Member since
23rd Jan 2004

When is a temporary absence not a temporary absence
Thu 08-Apr-04 03:28 PM

Client left his partner, so she was alone in the flat with their child and got the SPD.
He stayed with various friends but did not have a settled home.
After several months apart, he was reconciled with his partner.
Council Tax have withdrawn her SPD,for the period they were apart, as CT say it was only a temporary absence. I think it was only temp in retrospect. If he had an unsettled way of life after leaving, he would not necessarily ahve been responsible for CT elsewhere. Or would he?
Oh my head hurts so I'm off to eat some chocolate and/or hot cross buns.

  

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Replies to this topic
RE: When is a temporary absence not a temporary absence, stainsby, 08th Apr 2004, #1
RE: When is a temporary absence not a temporary absence, stainsby, 08th Apr 2004, #2

stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: When is a temporary absence not a temporary absence
Thu 08-Apr-04 05:32 PM

I think the circumstances need to be looked at in the round and it is not enough merelyto say that with hindsight the absence was temporary.

The partners intentions at the time of leaving must be taken into account.

You might want to take a look at the recent Court of Appeal Decision in Williams v Horsham DC

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: When is a temporary absence not a temporary absence
Thu 08-Apr-04 05:37 PM

The judgement is on BAILII at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/39.html

  

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Top Housing Benefit & Council Tax Benefit topic #244First topic | Last topic