Change of address while temporary absent.

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  • #31899
    Anonymous
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    Hi everyone,

    We have the following case – the claimant moves address within the borough on the 20.09.2010, his liability at the new address starts on the 20.09.2010, it seeems like a standard change of address case.

    Unfortuately on the day he is due to move in to the new property 20.09.2010 he goes on holiday, therefore he has never occupied the new property.

    Even though the absence is less than 13 weeks, and he intends to return to the new property, because he has not moved in I can see no way to pay this on residency grounds.

    There is an argument between officers as whether this is just temporary absence, (eg we can pay for 13 weeks as its a temporary absence) or whether it is end of claim as he has not occupied the new property.

    I think we can not pay because he never occupied the new address, but if anyone has any ideas I would love to hear them.

    #89197
    Anonymous
    Guest

    Was any furniture or belongings moved in while he was on holiday? If so I think it is arguable that he has established occupation of the new property without having physically moved in – see R(H) 9/05.

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