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UC and temporary absence from home
Hi all,
Client is in hospital and approaching the 6 month temporary absence limit for her UC housing costs. My understanding is that she is some way off being able to return home permanently but may be well enough to manage brief stays as part of her rehabilitation process.
I was wondering if the HB caselaw re the issue of what constitutes a ‘reset’ in the temporary absence period is likely to remain relevant for UC?
Any thoughts would be much appreciated :) !
S
I believe that similar to HB , a short return home ( possibly as little as 24 hrs) can restart a new period of temp absence
None of my reference materials cite any specific caselaw etc for UC, they all rely on the R v Penwith case from 1990, indicating 24h is sufficient.
I wonder though if UC would try the argument that a change within an AP isn’t relevant, and so still treat her as absent without interruption?
None of my reference materials cite any specific caselaw etc for UC, they all rely on the R v Penwith case from 1990, indicating 24h is sufficient.
I wonder though if UC would try the argument that a change within an AP isn’t relevant, and so still treat her as absent without interruption?
Can’t see it myself. The regulations state:
Periods of temporary absence exceeding 6 months
9.—(1) Subject to sub-paragraphs (2) and (3), a claimant is to be treated as no longer occupying accommodation from which they are temporarily absent where the absence exceeds, or is expected to exceed, 6 months.
Six months is a quantifiable period of time that doesn’t have reference to a specific AIP - you’re either going to be absent for more than six months or you’re not. None of the terms seem to be defined in the interpretation reg so they must be given their normal meaning.
So if someone comes home for a 24-hour period overnight, I’d say it’s strongly arguable that their absence hasn’t exceeded six months, provided that happens within the six month period, iyswim?
I have only had 1 of these cases so far, my client came back home for 48 hours and UC agreed to re-start the temp absence
Hi all, sorry for delay coming back to you - many thanks for the responses much appreciated 😊