Temp absence

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    We’re not sure how the following claim should be treated and would be grateful for any opinions.

    Claimant jointly owns, with wife, 5 bed, mortgage free, property. Has been in prison for the last 20 years and is now released to reside temporarily to a hostel. His intention is to return to the marital home – although it seems (yet to be determined) that his intention may not be equal to that of the wife.

    Psychiatric reports state that it would not be in his, or the family’s, best interest to return ‘at this time’. Our housing section is therefore looking to place him in more secure long-stay accommodation – the length of stay is unknown to all – my own hunch is that its likely to be permanent. The problem is the claimant’s intention – he’s seems adamant that he’s going back home? Medical opinion suggests he may be fit to return in the future ?

    Confused cos we are ?

    If we accept that he is temporary absent do we do anything with regards to the value of the marital home?

    I’m sorry if the obvious is sticking out – but guess what, we can’t see it!!

    Kevin D

    Not had time to look in detail, but there are a few CDs where “intention” & “normally occupy” are considered in varying contexts:



    CSHB/0405/2005 *


    CH/3893/2004 *


    The two asterisked CDs may be the most useful, but no guarantees!


    Julian Hobson

    kelly – I don’t really understand this. Which property do you think he might be temporarily absent from ? I don’t think he can be temporarily absent from the family home if he has actually been absent from it from 20+ years.

    From what you have said so far you have two separate households and no need to consider one in deciding the claim for the other at all.

    I suggest that the only issue that might arise is whether he has any capital in the family home !!


    Kevin – thanks for these

    Julian – that’a a good point!

    We’ll consider further – appreciate your time


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