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Custody and HB 13 week rule
Client was in custody for 8-9 weeks and was released on license, that same day he was placed back into custody and will be in unitl his 13 weeks are up.
Does the one day he was released on license mean that the custody counter is set to 0.
He did not get a chance to return to his property.
Client was in custody for 8-9 weeks and was released on license, that same day he was placed back into custody and will be in unitl his 13 weeks are up.
Does the one day he was released on license mean that the custody counter is set to 0.
He did not get a chance to return to his property.
The 13 weeks is not reset insofar as actual absence is concerned, because the clmt did not reoccupy the dwelling as his home. However, that isn’t the end of it.
During the original 8-9 weeks in custody, was it known the clmt would be taken back into custody? If not, it is open to argument that for weeks 8-9 the clmt had a realistic intention to return to occupy the dwelling as his home. However, from week 9 or 10, if the total absence was likely to exceed 13 weeks, then the original first day of absence would count for calculating the first day of absence so no further HB would be payable.
If on the other hand the absence was always likely to exceed 13 weeks from the outset (e.g. it was known he would be taken back into custody), the clmt could not have (realistically) intended to return and, therefore, no HB at all.
Brilliant, thanks very much