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Temporary absence

WR Adviser
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Mr B and Miss H used to be a couple and have 3 kids. They split up in 2014. Miss H has MH problems and Mr B has been staying with her and the kids on and off over the years to support her, while otherwise living in his car.

Mr B was given temp accommodation in March (he has no priority need so I believe he got this through the enhanced COVID-19 homelessnees duty). He gets HB for his temp accommodation (plus cb-ESA and UC with carer component for caring for Miss H).

At the end of March Miss H tried to take her own life and Mr B was asked by social services to move into her home to look after the children while Miss H was in psychiatric hospital. When she was discharged a few weeks later social services asked Mr B to remain there as she is continuing to make suicide attempts and the children are at risk.

Mr B is still there and is approaching 13 weeks away from his temp accommodation. He has (not on my advice) asked the council if they will extend the 13 weeks and they have suspended his HB pending evidence that he intends and has always intended to return within 13 weeks. This is a bit of a lost cause as the likelhood is that social services will insist that he stays with Miss H and the kids for a good deal longer than the 13 weeks.

Is there any way I can possibly argue for a 52 week temp absence for him? Miss H is not receving ‘medically approved care’ and is not now away from her home, but she is incapable of safely caring for the kids alone adn R B is there under social services orders.

The alternative seems to be that Mr B surrenders his temp accommodation and makes Miss H’s home is official address for the time being, but I am fighting a 6-year OP for Miss H based on her living together with Mr B over that period, and if he moves in officially now she will do her nut as she is terrified of being accused of being his partner once again. The massive OPs are a big factor in her MH decline.

HB Anorak
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He is covered for 52 weeks.  Reg 7(16)(c) lists the reasons why absence of up to 52 weeks may be allowed, including:

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;

Which is exactly what he is doing.

nevip
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Have you asked Social Services to cover the cost of his rent pursuant to section17 of The Children Act 1989?

WR Adviser
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HB Anorak - 23 June 2020 10:47 AM

He is covered for 52 weeks.  Reg 7(16)(c) lists the reasons why absence of up to 52 weeks may be allowed, including:

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;

Which is exactly what he is doing.


Thanks HB Anorak. I can use this for the time when Miss H was in hospital, but (I probably didn’t make this clear in my post) her hospital admissions only make up about 3-4 weeks in late March/early April, since then Miss H has been at home but incapable of caring for the children. Any evidence/caselaw that the 52 weeks can be stretched to that?

WR Adviser
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nevip - 23 June 2020 10:48 AM

Have you asked Social Services to cover the cost of his rent pursuant to section17 of The Children Act 1989?

I hadn’t thought of that… due to astronomical cost of temp accommodation I would be surprised if they covered it but I will ask

HB Anorak
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WR Adviser - 23 June 2020 10:51 AM
HB Anorak - 23 June 2020 10:47 AM

He is covered for 52 weeks.  Reg 7(16)(c) lists the reasons why absence of up to 52 weeks may be allowed, including:

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;

Which is exactly what he is doing.


Thanks HB Anorak. I can use this for the time when Miss H was in hospital, but (I probably didn’t make this clear in my post) her hospital admissions only make up about 3-4 weeks in late March/early April, since then Miss H has been at home but incapable of caring for the children. Any evidence/caselaw that the 52 weeks can be stretched to that?

Sorry, I should have read through to the end before posting!  In that case would (v) cover it?  “undertaking medically approved care of a person residing in the United Kingdom or elsewhere”

“Medically approved” has a definition - needs to be a doctor or other medical practitioner who approves the care.  “Care” is undefined but ought to be flexible enough in this context to cover what he is doing.

WR Adviser
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HB Anorak - 23 June 2020 11:00 AM
WR Adviser - 23 June 2020 10:51 AM
HB Anorak - 23 June 2020 10:47 AM

He is covered for 52 weeks.  Reg 7(16)(c) lists the reasons why absence of up to 52 weeks may be allowed, including:

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;

Which is exactly what he is doing.


Thanks HB Anorak. I can use this for the time when Miss H was in hospital, but (I probably didn’t make this clear in my post) her hospital admissions only make up about 3-4 weeks in late March/early April, since then Miss H has been at home but incapable of caring for the children. Any evidence/caselaw that the 52 weeks can be stretched to that?

Sorry, I should have read through to the end before posting!  In that case would (v) cover it?  “undertaking medically approved care of a person residing in the United Kingdom or elsewhere”

“Medically approved” has a definition - needs to be a doctor or other medical practitioner who approves the care.  “Care” is undefined but ought to be flexible enough in this context to cover what he is doing.

 

Thanks I think that might do the trick! I will get onto the psychiatrist to get them to tell me that the care is medically approved