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Top Housing Benefit & Council Tax Benefit topic #9018

Subject: "Prison stay EXPECTED to be under 13 weeks but wasnt!" First topic | Last topic
dianep
                              

Advice Worker, Wakefield & District Housing
Member since
09th Oct 2008

Prison stay EXPECTED to be under 13 weeks but wasnt!
Wed 17-Feb-10 09:07 AM

one of our tenants was sentenced into custody on 1.4.09. She was expected to be released on tag within 13 weeks so Hb was left in pay. For some reason (which I'm trying to ascertain at the moment with the prison ) she wasnt allowed out on tag and consequently remained in prison for just over 13 weeks. Hb have now cancelled Hb for the whole of the prison stay and created an overpayment. I think they should have only cancelled from the date it was decided that she wouldnt be out within 13 weeks- because up until that point it was expected she would return -am I right?

  

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Replies to this topic
RE: Prison stay EXPECTED to be under 13 weeks but wasnt!, jmembery, 17th Feb 2010, #1
RE: Prison stay EXPECTED to be under 13 weeks but wasnt!, dianep, 17th Feb 2010, #2
      RE: Prison stay EXPECTED to be under 13 weeks but wasnt!, dianep, 17th Feb 2010, #3
           RE: Prison stay EXPECTED to be under 13 weeks but wasnt!, jmembery, 17th Feb 2010, #4

jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: Prison stay EXPECTED to be under 13 weeks but wasnt!
Wed 17-Feb-10 09:19 AM

In a word "yes".

HB should just have been cancelled from date it became unlikely she would return within 13 weeks. Reg 13 (c)

  

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dianep
                              

Advice Worker, Wakefield & District Housing
Member since
09th Oct 2008

RE: Prison stay EXPECTED to be under 13 weeks but wasnt!
Wed 17-Feb-10 09:36 AM

Thanks -I'm not really up on regs and dont have full membership to access them on here - tried googling Reg 13 (c) and cant find anything of relevance?

  

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dianep
                              

Advice Worker, Wakefield & District Housing
Member since
09th Oct 2008

RE: Prison stay EXPECTED to be under 13 weeks but wasnt!
Wed 17-Feb-10 10:26 AM

found it - Reg 7 para 13 (c) - thanks!

  

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jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: Prison stay EXPECTED to be under 13 weeks but wasnt!
Wed 17-Feb-10 12:33 PM

Sorry for the typo.

  

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Top Housing Benefit & Council Tax Benefit topic #9018First topic | Last topic