Reply To: How is a property treated when a claimant is unable to return due to

Peter Barker

If he is temporarily absent from the home within the meaning of Hb Reg 7, it would be disregarded as the dwelling normally occupied as the home. Except that conflicts with any claim for HB or UC housing costs on wherever he is at the moment – no obvious way of treating him as occupying two homes. Fear of violence is hardly appropriate if he is the perpetrator or alleged perpetrator.

Other options:

Does anyone live there – especially a lone parent ex partner (and remember ex partner in this context means for benefit purposes, so if he and the occupier consider themselves an item in real life but are no longer aggregated for benefit purposes, that would be a former partner when it comes to the capital disregard).

He could put the property on the market and then pull out next March. Cynical but it works for me.