DLA and claimants absconding from care placements

One of my clients is a 15 year old with conduct disorder. In receipt of HRC and LRM. Due to the threat both to himself and to others due to his involvement in gangs he is in a care placement outside of London. Obviously whilst in the placement his care component is not in payment.

Client has a history of absconding from the care placement and returning to London - the longest period he has been missing was for about a month. My query is whether during these periods his care component should be in payment.

I am finding it hard to make up my mind of the meaning of ‘resident’ in the legislation. Part of me feels that when client absconds his ‘normal’ residence remains the care placement as he does not move to a settled alternative residence. My understanding is that whilst he is on the run the LA continues to fund his placement in expectation that he will be found and returned to it. So that would mean he is resident in a LA funded care placement and care component is not payable. However on the other hand if you have a child who temporarily leaves their placement to stay with his/her family the care component is immediately payable - so the question is of the actual residence each day rather than of ‘normal’ residence? If that was the case I think the care would be payable as although the LA is still paying for the placement, the child is not resident there (even if it is difficult to define exactly where he is resident).

What do people think?

If he successfully absconds frequently isn’t there a question about LRM entitlement too?

Conduct Disorder?  You see a lot of that down the Bigg Market on a Friday night.

Gareth, I’m guessing that, as a frequent absconder, he’s used to the route home so doubt there’s a risk to the LRM.  More chance perhaps of being SMI HRM.

I haven’t looked at the law on this but my instinctive view is that it looks at the reality rather than the theory: he’s not resident even though he should be.

Edit: actually scratch the SMI - seems supervision from behind, at very least, a closed door might be sensible.