Temporary absence more than 13 weeks?

Hi all, wondering if anyone can point me in the right direction here.

Client was getting HB and went to Uganda for a friend’s wedding in September 2010. Intended to return by 2 weeks. Did not inform HB at time.

She was in a motorcycle accident one week after arriving - in hospital for 3 weeks then recovering until November. From then until January she could not return due to lack of funds - her ticket had expired and needed to buy a new single return. Raising the money was not easy, hence the delay until she returned on 22/01/11.

I seem to remember an old Commissioner,s decision that said the key thing was an intention to return within 13 weeks, in order to get HB paid due to temporary absence - can anyone give me a link to this?

Also, does the fact that she was away more than 13 weeks simply rule out temporary absence for the first 13 weeks anyway?

Many thanks!

This *shouldn’t* need legal authorities to sort out.

Law:  HB payable for temp absence where there is no sublet and there is a realistic intention to return to occupy the dwelling as the home within 13 weeks (52 weeks for medical treatment).

Facts:  week 1, the info given indicates a realistic intention to return home within 13 weeks, so HB is payable for that week (assuming otherwise entitled).

weeks 2-4:  in hospital; the info given indicates a realistic intention to return home within 52 weeks, even though funds had run out for returning within 13 weeks.  On that basis, HB is payable for those weeks (assuming otherwise entitled).

weeks 5 onwards: it’s back to the 13 weeks limit.  At what point during this period did any intention to return home become unrealistic / impractical?  It is from THAT date (actually, the following Monday) HB is no longer payable.

This has piqued my interest.

Kevin you mentioned “Law:  HB payable for temp absence where there is no sublet and there is a realistic intention to return to occupy the dwelling as the home within 13 weeks (52 weeks for medical treatment).”

The original poster mentioned that recovery from injuries took until November, if this was under medical care/monitoring/supervision would this fit into the category of ‘medical treatment’ ?

Chaos

Chaos:

The potentially relevant limbs are within HBR 7(16)(c):

ii) resident in a hospital or similar institution as a patient; or  

(iii) 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; or

(vii) a person who is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation; or

The terms “medically approved” and “residential accommodation” are defined in HBR 7(18).  In my view, the wording of the “limbs” in HBR 7(16)(c) in conjunction with the meanings given in 7(18) means that simply recuperating at “home” will not meet the requirement(s) - it requires something more positive.  If the provisions are satisfied, then I agree that for the period to November HB would be payable on the 52 week basis.

NB:  the “intention to return” and/or likely length of absence must be considered on a week by week basis - CH/1237/2004 & CH/501/2006.

Erroneous post - deleted.

Thanks Kevin.

I really think that after the client comes out of hospital and is recovering then that could count as “medically approved convalesence”- medically approved simply means certified by a doctor. So if a Doctor can say I advised not to travel home until X date then that would seem fine to me.

It seems to me that nothing more positive is required than that- the fact is the only stated requirement is that the convalesence has to be medically approved (ie certified by the doctor). That effectively means that if a Doctor is prepared to certify that this was convalesence there is certainly an argument.

I think the bit of iii) that goes “in accomodation other than residential accomodation” would be a problem on the medical convalescence route. Of course he could have been sleeping in a bus station!