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Partner sent to prison
Client works and has partner who has been sent to prison for 16 months - likely to serve 8 maximum and may be let out on a tag after 4.
She obtained an online HB calculation from a reputable source which indicated she could qualify for HB because she would be assessed as a member of a couple, with the appropriate applicable amount for a couple. Looking at CPAG Handbook p929 and the reference to regulation 21, I can see how that works (especially in contrast to the temporary absence provisions in Income Support, for example, which immediately stop the prisoner and non prisoner being members of the same household.
The HB claim has been refused on the basis that income is too high, but using the applicable amount for a single person. I think this is wrong, but discussing it in broad terms with a colleague, he felt Reg 7 impacts because the partner cannot be treated as occupying the home.
I don’t think Reg 7 does have the impact of changing what is a couple, and so what determines the applicable amount - has anyone come across this situation before?
I don’t think Reg 7 does have the impact of changing what is a couple, and so what determines the applicable amount - has anyone come across this situation before?
Can always be a bit confusing, depending on the set of facts, but in your case you are right.
In very simple terms Reg 7 refers to occupation of the home, or not, as the case may be and Regs 19-21 refers to the membership of a “family” which in turns runs the applicable amount.
So, a prisoner (Not on remand) that leaves the household for more than 13 weeks can no longer be treated as occupying the dwelling but is still part of the “family”, as it’s still the same household and the absence is less than 52 weeks.