I am trying to work out when housing benefit should stop. The person was briefly in hospital and then went temporaily to a nursing home whilst waiting for a place in another nursing home. They moved to the second nursing home four weeks later. However, they need six weeks trial period in the second nursing home before deciding about surrendering but this will mean they have been 10 weeks in total in residential care. They may also need to give four weeks notice once the placement is finalised. Is HB likely to be refused for this whole period as it exceeds 6 weeks? Would it make a difference if they had not settled in the first nursing home and moved to the second for this reason? They have not gone home since admission to hospital some months ago. Would appreciate any advice on this

Maybe she fits into the 13 week temporary absence rule.

Somewhat puzzled as to why you think 6 weeks is relevant for a temporary absence issue.

Reg 7 provides for HB to continue for 13 weeks where the only restriction is a continuing intention to return and 52 weeks for designated groups as well as the intention to return. As far as I can see your client qualifies for both.

So in answer to your question - HB will continue for 52 weeks as long as she still maintains the intention to return home.

The four weeks notice should also be covered.

Thank you both for your very helpful reply. I think the six weeks is from social services, whereby the review to make a placement permanant, usually take place after six weeks. So HB offices tend to pay for this period. Thanks for explaining this is not part of the HB regs.

Could you explain how the 52 week rule would apply here? Is it the same as if the person was in hospital and had an intention to return home?

I am assuming this person is over 60.

The 52 weeks comes from Reg 7(11) and (12) of the 2006 Housing Benefit ((PERSONS WHO HAVE ATTAINED THE QUALIFYING AGEFOR STATE PENSION CREDIT) Regs

"(11) his paragraph shall apply to a person who enters residential accommodation–
(a) for the purpose of ascertaining whether the accommodation suits his needs;
and
(b) with the intention of returning to the dwelling which is normally occupied by him as his home should, in the event, the residential accommodation prove not to suit his needs; and
(c) while the part of the dwelling which is normally occupied by him as his home is not let, or as the case may be, sublet.
(12) A person to whom paragraph (11) applies shall be treated as if he is occupying the dwelling he normally occupies as his home for a period not exceeding, subject to an overall limit of 52 weeks on the absence from that home, 13 weeks beginning from the first day he enters a residential accommodation."

This means that a person could move from hospital to residential accommodation and then decide its not suitable and so move on so provided the absence does not exceed 52 weeks he could remain entitled to HB for the (previously normal) home

Thank you all for your help and for including the relavant regulations

Note that paras 11 & 12 of HBR 7 depend on the clmt being in "residential accommodation". Para 18 contains the meaning of "residential accommodation".

Have been trying to get to grips with the regulations. Would a nursing home count as residential accomodation - the claimant is not paying for this care and presumably it is being paid for by the NHS or local council? I would also be grateful if you could explain the difference between the 13 week and 52 week for someone over 60? Is the 13 week rule only for residential accomodation and the 52 weeks rule for when a stay in hospital is included? Or is it that the period of expected absence in residential care should not exceed 13 weeks but can be a maximum of 52 weeks?