× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

court order to stay away from home

gw
forum member

Glasgow West Housing Association

Send message

Total Posts: 285

Joined: 24 June 2010

client had a court order to stay away from home so I applied for HB to be continuous, HB denied this saying ptr was in house so should claim UC, ptr has no recourse to public funds and client always intended to return home, tax credits re instated and awarded continuously as a family .
partial HB as working so no real reason imo for UC claim to be required

[ Edited: 15 Oct 2019 at 11:48 am by gw ]
chacha
forum member

Benefits dept - Hertsmere Borough Council

Send message

Total Posts: 472

Joined: 13 December 2010

Steph F - 15 October 2019 10:54 AM

client had a court order to stay away from home so I applied for HB to be continuous, HB denied this saying ptr was in house so should claim UC, ptr has no recourse to public funds and client always intended to return home, tax credits re instated and awarded continuously as a family .
partial HB as working so no real reason imo for UC claim to be required

How long does the court order require the claimant to be away for? If more than 13 weeks that would mean the end of HB and won’t be able to reapply.

gw
forum member

Glasgow West Housing Association

Send message

Total Posts: 285

Joined: 24 June 2010

it was only 6 weeks pending trial and then he was allowed back home, I provided HB with letters from court and lawyers confirming this..

Rehousing Advice.
forum member

Homeless Unit - Southampton City Council

Send message

Total Posts: 637

Joined: 16 June 2010

I hope that someone is advising the partner if its a DV case.

 

 

gw
forum member

Glasgow West Housing Association

Send message

Total Posts: 285

Joined: 24 June 2010

yes Martin, victim support are assisting spouse

chacha
forum member

Benefits dept - Hertsmere Borough Council

Send message

Total Posts: 472

Joined: 13 December 2010

Steph F - 15 October 2019 02:03 PM

it was only 6 weeks pending trial and then he was allowed back home, I provided HB with letters from court and lawyers confirming this..

Then I would appeal, pointing them to reg 7 of the HB regs, and put in a complaint to expedite issues.

Also,, as it was pending a trial it’s more like being on remand, so the absence allowed would have been for 52 weeks anyway, and not 13.

[ Edited: 15 Oct 2019 at 04:34 pm by chacha ]