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Temporary Absecence
We have a tenant who is in a secure unit. She has been there for 52 weeks and now Housng Beneftit has stopped. She still has intention to return to the property. Does anybody know of any circumstances wherby i can get this paid even though tenant may be absent from property for a few more months. Thanks
Based on the information given, the LA is correct. HB must stop after 52 weeks of continuous temporary absence. There is no exception to this.
Even if it could be argued that there is a realistic intention to return within a period not substantially exceeding 52 weeks, a temporarily absent person can only be treated as occupying the property for a maximum of 52 weeks. Once absence exceeds that limit, that’s it.
The only glimmer would be if during the past 52 weeks the clmt has returned home at any time for the purpose of occupying the property as the home. That would potentially restart the 52 week clock all over again. However, collection of post, changing clothes etc would not be enough on their own to count as returning to the property to occupy it as a home.
[ Edited: 20 Jul 2010 at 01:35 pm by Kevin D ]Thank you. Just as i thought ,but needed confirmation.
Try discretionary HB for a time limited period (her release date) for the reasons of prevention of homelessness. Note that even with rent arrears her landlord will still need to go through a legal process before she looses the tenancy, and this takes time.
There is no discretion to pay HB beyond 52 weeks in the circumstances set out by the OP.
Try discretionary HB for a time limited period (her release date) for the reasons of prevention of homelessness. Note that even with rent arrears her landlord will still need to go through a legal process before she looses the tenancy, and this takes time.