Housing Benefit and Temporary Absent

The guidance does not have the force of law

It is a matter of fact and degree and you might find some mileage from paragaph 10 of CB v Liverpool City Council (HB)[2015] UKUT 0359 (AAC)

10. It is plain that the claimant’s home remained her home during her imprisonment in the sense that, as required by regulation 7(1), it was the dwelling normally occupied as her home.  However, that general rule only applies subject to the following provisions of that regulation, and it is plain that if a person is personally absent temporarily from the dwelling then that person must bring him or herself within one of the subsequent provisions of the regulation.  It is also plain that, on the finding of the tribunal, the claimant did return to her home and use it as such so far as she was able consistently with the terms of the curfew from the date of her release.  She was therefore no longer absent from it from that date onwards even though she was prohibited from sleeping there at night