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Universal Credit- housing costs stopping after 6 months as inpatient. Ideas round this.
I was wondering if anyone had any ideas about what to do with a client of mine who has now been an inpatient in hospital for over 6 months. UC have just told her that her UC has been suspended as they can’t pay housing costs for more than 6 months (I believe HB is 12 months till it stops as an inpatient).
I believe that she will be continued to be paid the standard allowance and LCW&WRA; element?
I was thinking of asking the council for a DHP till she gets discharged- however will they do this- if the UC claim is suspended- I remember something about DHP’s having to have 50 pence in H/B or UC H/C to be able to apply for a DHP?
Rent arrears of course are rising.
Thanks- just ran out of ideas on a hot Friday afternoon and I find this policy by UC very unfair and unethical.
I am helping her apply for PIP (which also won’t be paid till she is discharged).
I don’t suppose your client has had any overnight home leave or went AWOL and stayed at their home overnight? In the past AWOL at home has been arguable for HB cases
CPAG handbook’s piece on ‘temporary absence from home’ page 496 refers to a ‘a new period of absence starts if you return home for even a short stay. A stay of at least 24 hours may be enough’ (R v Penwith DC ex parte Burt [1998] 22 HLR 292 (QBD).
If your client has been in a mental Health unit, and went AWOL staying overnight at home, the ward clerk would be the person who could track down the details or print off home leave dates if they have had overnight home leave.
Assuming ward clerks still exist?
Have a look at this: https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-housing-benefit-52-week-temporary-absence-rule-discriminates-agains
The decision in Obrey is against you but note that in the case summarised in the link above Judge Levenson suggested there may be some sets of facts that could allow a different conclusion to be reached. I would have thought now it reduced to 6 months in particular there might be more to say….
Worth a try if claimant wants to seek public law advice- given the awful decision in Carmichael No. 2 would presumably be better to go by way of JR and to ask for human rights damages as it seems currently the powers of a Tribunal to correct a breach of rights caused by secondary legislation (if such was found) have been renedered non existent by the majority from that case.
Thanks guys for your responses. Given me a few ideas.
I don’t suppose your client has had any overnight home leave or went AWOL and stayed at their home overnight? In the past AWOL at home has been arguable for HB cases
CPAG handbook’s piece on ‘temporary absence from home’ page 496 refers to a ‘a new period of absence starts if you return home for even a short stay. A stay of at least 24 hours may be enough’ (R v Penwith DC ex parte Burt [1998] 22 HLR 292 (QBD).
If your client has been in a mental Health unit, and went AWOL staying overnight at home, the ward clerk would be the person who could track down the details or print off home leave dates if they have had overnight home leave.
Assuming ward clerks still exist?
Thanks Andy. Yes they are meant to keep records- so trying to track down exact dates etc.
Also I have advised her of the caselaw you kindly shared.