Absence from Home

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  • #39373
    lhudso
    Participant

    Difference of opinion on this one and this is at appeal stage:
    20.09.10 – claimant taken into custody on remand
    21.10.10 – claimant sentenced & release date scheduled for 03.01.11. HB ended from October 2010 as absence exceeded 13 weeks.
    03.01.11 – period as sentenced prisoner ended but claimant immediately remanded into custody as a result of a second matter. The claimant never returned home
    On 13.03.11 the claimant was sentnenced and finally released on 06.04.11.
    The LA received an app on 03.02.11. As the claimant never returned home and his absence was from 20.09.10 to 06.04.11, even though he had a fresh period on remaind from 03.01.11 can HB be awarded. My thoughts are not as his absence exceeded 13 weeks, whatever the reason for his failure to return home?

    #111958
    lhudso
    Participant

    As he was not sentenced again until 13.03.11 I am a little confused as to what relevance the date of 17.01.11 has. Would appreciate your further comments

    #111943
    Kevin D
    Participant

    {corrected}

    Does [b]MR v Bournemouth BC (HB) [2011] UKUT 284 (AAC)[/b] (aka CH/1849/2010) assist with the thought process at all?

    Had a claim been made at the correct time, there would have been entitlement for 10 Jan 2011 to 13 Mar 2011 (52 week rule applies as on remand, not sentenced, and total absence not likely to exceed 52 weeks) and then nil from 14 Mar (13 week rule re-engaged as sentenced and TOTAL absence exceeds 13 weeks).

    The clmt would again be entitled to HB from 11 Apr 2011.

    #111963
    Kevin D
    Participant

    I misread it :). But, was the clmt really sentenced on 13 MARCH 2011? That was a Sunday – not a day the Courts would normally be sitting. But, in principle, nil HB from the following Monday after sentencing.

    #111967
    lhudso
    Participant

    Thanks for that Kevin. Thats the date the support worker gave. Didn’t notice it was a Sunday so i’ll check this out

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