Prisoners & further 4 weeks

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  • #31714
    Anonymous
    Guest

    A prisoner has been on remand for 20 weeks and than sentenced to 1 year making his total absence more than 13 weeks. His HB is cancelled immediately.
    My question is, does the fact that he has already been absent for more than 13 weeks affect us considering the extra 4 weeks unavoidable liabilty?

    #88690
    Kevin D
    Participant

    This assumes it is HBR 7(7) being considered.

    That provision allows HB where the claimant moves to a new [b:11128e7a03]dwelling[/b:11128e7a03] and has no liability. In my view, the meaning of “dwelling” within benefits legislation does not extend to prison and therefore HB is not payable under HBR 7(7). Others will disagree with my view (and have done in the past).

    Earlier threads include:
    new.hbinfo.org.com/forum/viewtopic.php?t=14356
    new.hbinfo.org.com/forum/viewtopic.php?t=16678

    NB: See para 35 of “Uratemp”:
    http://www.bailii.org/uk/cases/UKHL/2001/43.html

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