Terms & Conditions

[tracycox]

We have a customer who we have recently been informed that she has been absent from her property. She left the property in March 2006 and has gone abroad. She was only meant to be absent for three weeks – however she has still not returned. The customer has mental health problems and has in the past been a patient in our mental health hospital and is still on medication. Her family tried to prevent her from travelling because of this and she could not be trusted to take her medication.
She has tried to return to the country a couple of times but has become hysterical when it has come to get on the flight and has therefore been unable to fly.
As far as we are aware from the information we have received she has been living on the streets and has not rented a property over there.

The Housing Association responsible for the property have been informed of the tenant’s situation and they have served a notice requiring possession on the property but this does not expire until the 30th october 2006.

Is there any regulation regarding temporary absence that we can continue to pay benefit on this property.

[Julian Hobson]

I don’t think there is really any HB solution and from what you have said its probably the least of her worries.

Getting back here (from wherever it is) seems to be the priority. If the fear of flying means that flying home is never going to happen then perhaps someone (her family) need to think about alternative travel arrangements if they are at all possible.

Looks like this is one of those cases where you might love to do something to help but are helpless yourself.

[tracycox]

I understand that there is not really a solution from Housing Benefits but the family are obviously worried that Housing Benefit will stop due to her being absent from her property and then when she does return she may not have a property to live in as if we do stop the benefit then it may possibly go back for a lengthy period.

I was querying as to whether we can continue to pay benefit in these circumstances and if so if there is a regulation that states that or if we should stop the benefit when should we stop it from

[Anonymous]

Is there anybody else living in the property who you could treat as if liable until the tenant returns?

[tracycox]

no there is no one else in the property they are the sole tenant.

[Anonymous]

Tracey

you are stuck I am afraid, this is a 13 week absence ruling and there is no satisfaction of the regs to elongate to 52. There does not seem to be anything that would allow you to pay beyond the 13 weeks.

sorry, I know it is not the answer you wanted, temp absence is quite clear and if there is no one else that can be treated as living in the property and responisble for the rent then you can’t pay anyone else there either!

If she were hospitalised it might be a different matter, but you say she is living rough. The family need to find a way to get her home, but you from a HB purpose cannot help her until she returns.

If she returns and is hospitalised, you will be able to start up again during the hospitalisation period, provided the rest of the rules are satisfied.

hope this helps

[Author]

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