Brief stay in Supported Accommodation

Hello,

I was approached this morning with a question to which I simply do not know the complete answer so any help will be much appreciated.  It seems that a client of ours has been given leave from a hospital psychiatric unit for a few days prior to his ultimate discharge, just to see how things go.  He was accepted by a local supported accommodation provider for that few days with a view to him taking a more permanent place on his discharge.

Since that few days leave, our client has been moved to a medical ward with a serious illness and the likelyhood is that he will be there for several weeks to come.  At first I was surprised that he would get Housing Benefit for the few days he was in supported but this appeared to happen.  I am aware that the care part of the costs are met via the local authority.  The question is will the supported housing provider contiinue to get housing benefit whilst the person is in hospital and, will the care part continue to be paid?  I supsect that the HB might continue but I doubt that the care cost will.  Indeed I accept that I may be completely wrong about the entire thing.

Any thoughts or opinions most welcome?

Thank you.

Patrick

The award of HB appears to indicate the LA’s Benefits Section were satisfied the clmt occupied the supported accommodation as his normal home.  So long as “occupancy” was correctly determined, there is no problem.  Once the clmt is temporarily absent, the relevant provisions for absence kick in as usual.  The occupancy provision are mainly contained in s.130 of the Social Security Contributions and Benefits Act 1992 and in regulation 7 of the Housing Benefit Regulations 2006.

Normally, HB is still payable so long as the absence is unlikely to exceed 13 weeks AND there is both a genuine and realistic intention to return to occupy the dwelling as a home AND there is no sublet (all factors being considered on a week by week basis).  However, if your client is either:

-  resident in a hospital or similar institution as a patient; or  

- undergoing, or as the case may be, his partner or his dependant child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation;

the 13 weeks limit extends to 52 weeks instead.  If the 52 weeks limit is engaged, HB is payable for a maximum of 52 weeks so long as the absence is unlikely to “substantially” exceed 52 weeks.  Any return to the dwelling FOR THE PUROPOSE OF OCCUPYING THE DWELLING AS A HOME restarts the 13 / 52 weeks limits afresh.  However, returning just to check everything is ok or to collect post will not count.

I have no idea whether supporting costs can still be paid - presumably this is a matter for Social Services rather than the benefits section?