UC Housing element - 26 weeks Hospital

https://www.rightsnet.org.uk/forums/v…797/viewthread/18012/#85354

I would go with the start of a new 26 period of absence. It could be the claimant/patient has a CTO under the Mental Health Act with phased rehabilitation. So you will have written evidence of a return home,  even if only for a couple of nights.

Hi everyone - thanks for the update.

Much appreciated

The commentary in Mesher et al “Social Security Legislation ” re Sch 3 has this;

” However, if the claimant returns to the accommodation for a period, even a very short period (24hours?) the six months period should restart (see R v Penwith DC Housing Benefit Review Board ex p Burt (1990)22 HLR 292”

So there we are, the periods of absence cannot be aggregated in UC just as in HB

The authors put a question mark after 24hrs and I have often wondered where the 24hours bit comes from other than the oft quoted DWP guidance.

Mr Justice Simon-Brown as then was held in Burt

I have concluded that regulation 5(8) is indeed to be construed as Miss Findlay for the applicant here contends, namely, so as to prevent a period of absence being held to continue despite periods of return, however short.

.......It is always open to an authority to consider as a question of fact and degree whether a dwelling is indeed occupied as a claimant’s home and whether absences are in fact properly regarded for regulation 5(8) purposes as temporary only

Judge Mark held more recently in CB v Liverpool City Council (HB) [2015] UKUT 0359 (AAC) at [9]

“9. 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”

The period of return can be less than 24hrs depending on the overall circumsantances

MarkWood - 17 May 2023 11:58 AM

So the UC question is UC Regs Schedule 3 only allows the Housing Element for a 26 week absence.
Test - what happens if the person with severe enduring Mental Health conditions has been absent for (say) 20 weeks, is supported by Social Services/Mental Health Team to return to the property for a couple of nights; but then relapses and returns to the hospital - is this the start of a new 26 week period of absence in hospital?

No one in UC can/will comment on this?

Hopefully they’re sufficiently peeved by the completely unjustified reduction from the year that they, or their family as lit friend if said family qualifies for legal aid, would see fit to instruct a public law solicitor…