Reply To: Who can/should act as claimant

#8199
Kevin D
Participant

Chris,

If the facts you have stated were on my desk right now, I’d decide as follows:

1) temp absence upto the date the furniture was still there. Your comment “in and out of hospital” suggests there has been an intention to return.

2) from the date the flat was emptied (or at least the following Monday), no further entitlement on the grounds that there is no intention to return. It is hard to imagine that the clmt has an intention to return to a home with absolutely zero furniture.

[[b:57d1c88eb6]Edit[/b:57d1c88eb6]]. A “desire” to return home is not enough – it must be an intention and the intention must be realistic [[b:57d1c88eb6]CSHB/0405/2005[/b:57d1c88eb6]].

In the event of an “appeal”, it’s worth remembering that any appeal MUST be signed by the [u:57d1c88eb6]clmt[/u:57d1c88eb6]. It isn’t enough for the son, or Social Services to sign it. A 3rd party can only sign an appeal if they fall within paras 2, 3 or 5 of HBR 82.

Regards