Reply To: Tempoary Absence – Prisoner and HDC


Darren’s comment refers to guidance that is [b:9cc8187bc9]advantageous[/b:9cc8187bc9] to the claimant: it is talking about cases where you originally expected the claimant to be absent from home for longer than 13 weeks but then that expectation changed with eligibility for HDC.

In James’s case it is already known and expected in advance that the absence will end after 11 weeks.

The balance of probability in this case is that the claimant will end his absence from home after 11 weeks – there is no reason to think that he will probably forfeit his eligibility for HDC. It seems more likely than not that he will come home under HDC. You cannot be 100% certain, but you don’t need to be – likelihood is sufficient.