Housing benefit and being away from home.

soupdragon10

Does the 13 weeks away from home rule apply only if you are away continuously for 13 weeks or is this 13 weeks in one year?

I have a friend who needs to spend time away from home for 3 or 4 weeks at a time and then return to her home for a week or 2 before being away again (complicated situation that will hopefully resolve in the next 6-9 months).

She is in council accommodation if that is a factor and this is her main residence.

HappyMJ

soupdragon10 wrote: »

Does the 13 weeks away from home rule apply only if you are away continuously for 13 weeks or is this 13 weeks in one year?

I have a friend who needs to spend time away from home for 3 or 4 weeks at a time and then return to her home for a week or 2 before being away again (complicated situation that will hopefully resolve in the next 6-9 months).

She is in council accommodation if that is a factor and this is her main residence.

Could be just 4 weeks if she's leaving the UK.

soupdragon10

No she's not leaving the country at all.

brewthebear

Surely if shes away from the address more than living there thats not right and she should not be claiming.... in my view

Alice_Holt

See:
http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/reporting_family_and_income_changes/housing_benefit_while_away_from_home

I believe it is 13 weeks continuous rather than 13 weeks in the year.

She could check this by phoning the Shelter helpline 0808 800 4444

soupdragon10

I am merely asking for clarification of the rule not for a judgement of her situation.

pmlindyloo

I would suggest that she also reads her tenancy agreement.

Some Housing associations require you to inform them if you are leaving temporarily - change of circumstances.

Even if it is not in the tenancy agreement I would advise her to contact the HA and tell them what is happening.

It would only take some neighbour to report her that she has abandoned the property for them to investigate.

Also there is the matter of keeping the property secure whilst she is away - hope she has considered these things.

She must not let anyone else stay there while she is away - i.e sublet the property.

Housing_Benefit_Officer

You can be back for 24 hours and the 13 weeks can start again. Should be no problems with being away for a few weeks and then returning for a few weeks.

3.450 onwards https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

NYM

Good grief :eek:

So a person only needs to occupy their social property for 4 days a year and they would still be entitled to claim HB?


My comment has nothing to do with the OP situation btw...

pmlindyloo

NYM wrote: »

Good grief :eek:

So a person only needs to occupy their social property for 4 days a year and they would still be entitled to claim HB?


My comment has nothing to do with the OP situation btw...

In theory, yes, but most HAs would have some clause in their tenancy agreements about being away for some length of time.

Plus, it wouldn't take long for some nosy neighbour to report them and start an investigation.

t0rt0ise

If she's away caring for someone it can be a year. Also a year for staying away from domestic violence and a few other reasons.

Many here don't seem to think that social tenants are allowed to have normal lives with normal ups and downs to deal with, along with holidays and so on.

Also I've lived in several different areas in HA properties and never had a clause in the agreement giving a time limit for being away.