Reply To: Underlying entitlement where claimant has permanently moved away


Just to play devils advocate.

Would being in prison be classed as them occupying a different property as their home? Granted he has gone to prison for a long time but they will likely still class the property where they got HB as there home. Would this not fall under the temporary absence rules? Although it would be outside the limit for them to continue getting HB in their own right. Should the intention be for them to return to the property upon release then the absence would be temporary.

We lost a similar case at tribunal where the claimant had returned back to his home country and we found out several years down the line. The judge accepted the move was not permanent as his intention was to eventually return and therefore we had to offset based on the partners details.