Temporary absence

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  • #38638
    Darren Tompkins
    Participant

    We have a situation where a customer has been staying at a Mental helath care facility from April 2009 – August 2010, but as far as we are aware she returned home every weekend.

    We are been advised that we should treat this as temporary absence lasting longer than 52 weeks, but my thoughts are that the property is still classed as her normal home and each return would start a new period of temporary absence. To be honest, I’m not even sure that it would class as temporary absence.

    Can anyone offer an opinion?

    #109076
    david farrar
    Participant

    Was the customer sectioned under the Mental Health Act?

    #109077
    Darren Tompkins
    Participant

    Sorry David, we don’t have that information at present. Would it make a difference if she was returning home?

    #109078
    david farrar
    Participant

    Darren

    If you are satisfied that she was returning home each weekend, then each period of temporary absence (e.g. Mon to Fri) would obviously be less than 13 weeks and therefore claimant would continue to be treated as occupying the property.

    The reason I ask whether the claimant was sectioned (or detained) under the Mental Health Act is that in such a situation, I don’t see how the claimant would have been in a position to return to her home each weekend, and personally I would want to look into matter further.

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