13 Week absence -subletting room

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    Posted twice in error – please answer the other one – thanks!

    Currently something of a hypothetical question at the moment as exact circumstances have still to be ascertained.

    Large Italian family occupy rented property. Parents go back to Italy to look after sick relative. We don’t know if expect to return within 13 weeks. We’re also not sure whether younger children went with them.

    One of the non-deps lets out a room to a friend (nothing to suggest created to take advantage of HB scheme.)

    Reg 5(13)(b) gives acondition to pay HB is that ‘part of dwelling normally occupied by him (claimant) has not been …sub-let’.

    Two questions (assuming we establish intend to return within 13 weeks):

    1.If the room that’s been sub-let was one of the children’s, am I right in thinking that we could not end the claim? ie occupation would therefore mean exclusive use
    2. If the room was the claimant’s room, would we end claim from the Monday after the room was sub-let or from the the start of the absence?

    The commentary in the CPAG guide offers no guidance on above; I’m sure posters to this board will have some thoughts!

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