Temporary Absence

Think i know where i am going with this, but wanted to check. Mrs A has 3 children. Children were on a Child Protection Plan. They were removed from Mrs A’s care and placed in the care of Mrs B (grandmother). To try and limit the distress to the children both tenants are staying at each other properties. We have informed Housing Benefit and explained there is intention to return. Tenants do not fit into any of the temporary abcence rules and we cannot swap tenancies as there is a court order on one tenancy.  They do return to thieir own properties but only for a few hours and do not sleep overnight. Does anybody have any thoughts?

A bit more info might help.

How long has the arrangement been in place?

How much longer is it estimated to continue (if known)?

Have the respective tenants “moved”, or are they just staying at each others properties pending an “ok” on the care side?

The arrangement has been in place since the 19th March 2010

Court Proceedings are due to be finalised January 2011

From the informtion i have been provided with it seems they are just staying at each others property until care side sorted.

are both tenants on HB?

Yes both tenants are on Housing Benefit

This is one of those classic “judgement call” situations and it’s pretty much imossible from here to call it.  Putting myself in the position of the LA, I would be looking at the arrangements as a whole and, as touched on earlier, trying to determine whether they had “moved” or whether occupancy was still at the original (normal?) home.  On the basis of either of those conclusions, HB would still be payable.

As you have already anticipated, the only difficulty is if the LA decides each tenant is temporarily absent from their normal home.  But, tentatively, I think that may be a harsh view on the facts of this case.

Thank you.