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hospital stay over 52weeks

Steph F
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Glasgow West Housing Association

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I have a client who was due to be discharged from hospital but this has been delayed due to Covid.
client is specialist hospital in England due to complex needs.

52 weeks expires at end of May and its highly inlikely she will be allowed to travel back to her home , is there anything in place to add benefit past the 52 weeks?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Nothing.  There have been a couple of unsuccessful challenges to this over the past few years:

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-housing-benefit-52-week-temporary-absence-rule-discriminates-agains

Steph F
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Glasgow West Housing Association

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Thanks
I was wondering if any emergency legislation was being considered as this failure to return has came about due to a national emergency and tenant has no option open to them.

Amanda JB
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Leeds City Council

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CLAWD9 looked at absences outside GB where the stay exceeds the statutory allowed period, but it did not mention any absences within the GB

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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I have posted elsewhere that we were told by Pension Service colleagues that Ministers wanted to try and ensure people didn’t lose out due to absences exceeding statutory limits like this.

However, the problem here is two-fold in that not only is there no apparent way to do this through the legislation as Peter notes, you’re also dealing with a local authority and not the DWP. Given that LA’s have been given exceptional funding due to the pandemic, maybe see whether they’d consider making some kind of extra-statutory payment for now?