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Top Housing Benefit & Council Tax Benefit topic #259

Subject: "Absence exceeding 52 weeks - exceptional circumstances" First topic | Last topic
suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

Absence exceeding 52 weeks - exceptional circumstances
Thu 15-Apr-04 08:05 AM

Is there any guidance as to what might be considered exceptional circumstances for claimants whose temporary absence slightly exceeds 52 weeks - or has anyone successfully argued such a case? (reg 5 (8B) HB Regs) Presumably the bare fact of the necessity of a long hospital stay isn't exceptional, or is it?

  

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Replies to this topic
RE: Absence exceeding 52 weeks - exceptional circumstances, suewelsh, 15th Apr 2004, #1
RE: Absence exceeding 52 weeks - exceptional circumstan..., HBSpecialists, 23rd Apr 2004, #2

suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

RE: Absence exceeding 52 weeks - exceptional circumstances
Thu 15-Apr-04 09:16 AM

Afterthought - I ought to say (to save everyone time) I've already looked at the guidance manual, circular A8/95 and R v Penwith DC ex p Burt ...

  

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HBSpecialists
                              

Independent Housing Benefit Trainer/Appeals & Pres, HBSpecialists London
Member since
23rd Apr 2004

RE: Absence exceeding 52 weeks - exceptional circumstan...
Fri 23-Apr-04 03:51 PM

If I read your post correctly, I take it you refer to the exceptional circs in HB reg 5 (8B) (d) of the HB regs.

Any period of extension (past 52 weeks) needs to be read in conjunction with HB reg 5 (8C) which specifically states that during the period of absence, the absentee person can only be treated as being in occupation of a dwelling for a maximum of 52 weeks. I am not aware of any Commissioner's decisions on the use of this part of the HB regs, (exceeding the 52 week limit in exceptional circs)... though I just haven’t got the time to read more about this… sorry...

But my understanding is that if at the outset of the 52 week period I discover that a person is going to be absent from home for two years, I know that HB can not be paid at all, for any period of time, (including all and any part of the first 52 week period).

However, if that person will be absent for say 56 weeks, (perhaps they are unable to return home for a further 4 weeks whilst adaptations are made to the home to allow for mobility around the home or perhaps, to enable a care plan to be drawn up and implemented before discharge etc), then I argue the discretion that HB reg 5 (8B) (d) allows, to award HB for the maximum period of 52 weeks anyway, even though the period of absence exceeds 52 weeks.

  

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Top Housing Benefit & Council Tax Benefit topic #259First topic | Last topic