Claimant on remand and also being evicted.

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    We have a claimant who is currently on remand. However, their landlord was already taking action to evict them before they were arrested and the claimant is due to be evicted in about 2 weeks time.

    Obviously, under Reg 7 we can pay whilst they are on remand, but this only applies if there is an intention to return. There are CDs stating that an intention to return must be realistic, and obviously this claimant won't be able to return as they are currently in prison and, by the time they are released, they will probably have been evicted.

    At the moment we are trying to find out when their trial is going to take place. If the case is not going to be heard until after the eviction date then would we be correct to refuse HB on the grounds that there is no realistic chance of them ever returning?

    If, however, the trial date is before the eviction date then presumably we can pay as they could be found not guilty and return home (even if only for a day or two before being evicted).

    John Boxall

    The question is what would happen if you paid HB.

    If tis will stop the eviction process then clearly the intention to return is realistic, if it wont then probably it isnt.

    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


    Thanks for your reply.

    The eviction date had already been notified to the claimant before she was remanded in custody as she was already considerably in arrears. Whether we pay HB for a few weeks while she is on remand won’t make any difference as she will still be evicted.

    We are still trying to find out if her trial is going to be heard before the eviction date. If it is after the eviction date we will refuse the temp absence request as there would then appear to be no realistic chance that she would be able to return as she will be evicted before she is released from prison.

    Mike Bailey

    If you do refuse to assess under temporary absence rules do not forget Regulation 7(7) HB Regs 2006 which says you must pay for up to 4 weeks when someone has gone to a new dwelling with no rent liability and cannot avoid having a rent liability for their old home for a period after they stopped living there.


    A very good point which I must admit I hadn’t thought of. Thank you.

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