Terms & Conditions

[DarrenWilliams]

Hi, I’m seeking clarification on whether 13 or 52 week rule should apply in this case.
We have a case where the claimant has been found guilty in May 2023 and is in prison on remand awaiting the sentencing but that is not due to take place until September 2023, which will be more than 13 weeks from when found guilty. Does the fact that we know the remand after conviction period will be more than 13 weeks mean that we end HB at the point of conviction or do we await the sentencing to see if the sentence will be more than 13 weeks. There is no clear indication whether the total period in remand and sentence will exceed 52 weeks. Thanks in advance.

[Andy Thurman]

It is up to 52 weeks up to the date of sentencing. At least it is simple. If the sentencing is not within the 52 weeks, HB stops once that maximum is reached. If sentenced prior to 52 weeks, HB will be dependent on whether he physically returns home on that date (if he has served sufficient time on remand).

[DarrenWilliams]

Thanks. I was overthinking it I suspect due to the lengthy period of time between conviction and sentencing.

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