Reply To: Absence substantially exceeding 52 weeks

Andy Thurman

“I dont believe a CPS could be utilised as entitlement had ended after the 52 week period and a new claim would be required which is a moot point as UC would need to be claimed. Can anyone provide clarification.”

The whole point of a CPS is that there is a period where entitlement has ended. It kicks in whenever, at the point of the decision, any period of nil entitlement has ended.

So – if the claimant is still absent at the point the decision is taken, there is no closed period to supercede, but if they have since returned home, CPS would apply with HB continuing from the Monday following their return.

As for the day visits conundrum… Why not? Unless I have missed it, there is no definitive case law that would prevent this being considered as a return to the property – working practice has generally been an overnight stay but I don’t think it has been prescribed as a necessity.