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Benefit Unit for Long Term Hospital Stay

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Joined: 18 October 2013

Client has been in hospital for 2 years. Husband works full time but only gives her £20 per week. Can she establish a claim in her own right (e.g for UC) as a single claimant due to the length of her absence?

I was looking at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810640/adme2.pdf

and the provisions for temporary absence, however the examples given have the clients claiming benefit before admission which isn’t the same as this situation.

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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Reg 3(6) ?

(6) Where the claimant is a member of a couple, and the other member is temporarily
absent from the claimant’s household, they cease to be treated as a couple if that
absence is expected to exceed, or does exceed, 6 months.

I would read that as meaning she clearly can claim UC in her own right.  I don’t think entitlement to UC prior to the absence is necessary as it is absence from the household that is considered

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Yes, that’s the one I was hoping would apply and, given that the relevant provision is about benefit units, I hoped it was a standalone issue from actual benefit entitlement. Many thanks