Temporary Absence or not?

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  • #285861
    npatel
    Participant

    We have an appeal where we have not allowed temporary absence, however initially the matter was not temporary absence. The details of the case are that a claimant was residing in Housing Association accommodation (no support provided), he was moved out of this property to a temporary address that provided supported living services to individuals with complex mental health conditions and learning disabilities, whilst suitable alternative accommodation was being sought due to his mental health issues, however his tenancy at the Housing Association address would continue until alternative permanent accommodation could be found. At this point there was no intention to return to the Housing Association address and as a result the claim was cancelled as it was seen that the claimant did not fit the criteria for temporary absence. It was then decided that the claimant could return to the HA address as a wrap around support package could be put in place, so after 9 months of being away from the HA address the claimant moved back in with the necessary support being provided. My question is can we pay for the period claimant was away from the property, there has been confirmation that there was no rental charge made the at the temporary accommodation, as they thought HB would continue at the HA address and as such did not charge rent at the temporary address, and the fact the claimant went into supported accommodation would not be classed as receiving medically approved care, we would like to pay the HB at the HA address for the 9 months the claimant was away, but I dont know if we can… your views would be appreciated.

    Miss N Patel

    #285876
    pbirks
    Participant

    I think your approaching it from the wrong starting point – he left, to receive suitable care and support relating to his mental health and his tenancy was still open – so he didnt have an intention to live anywhere else because he wasn’t liable anywhere else, the reason for him being away was because suitable care couldnt at that point be provided at the usual address.

    its similar to DV absences – many customers say “im not going back” – what they mean is that they arent going back while its unsuitable, but would itf it could be made safe

    sounds like thats exactly what happened for your customer – a care package was found that could be provided at his usual address – so he went home.

    #285879
    John Boxall
    Participant

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    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #285886
    npatel
    Participant

    Thank you so much for your response. It makes perfect sense. thanks PBirks.

    Miss N Patel

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