Terms & Conditions

[Anonymous]

We have a claimant who in february 2011 went to libya to see his family due to the unrest over there. He left his wife and children behind at the property.
The claim has been suspended and his wife has made a new claim for benefit without her husband ont he claim. After speaking to the claimants wife they are not separated but does not know when he intends to return home, as she has been unable to speak to him over the last 21 days!

the claimants wife is in the process of getting child benefit and tax credits in her name as these are currently in the name of her husband and she has also applied for income support (no decision from DWP) as the claimant was self employed he has not been working so has no income

He has been gone over 13 weeks so the question is do we transfer the claim into the claimants wifes name and do we include him on the claim or not? just that council tax department are of the opinion he should remain liable as he has intention to return.

thanks :~

[Anonymous]

I think that she can claim in his absence and he can be included as partner as his intention is to return and at the moment hopefully his absence is unlikely to exceed 52 weeks. See Reg 21 (1)- also part 2 (b) is relevant in case absence exceeds 52 weeks. Possible that returning could be out of his control depending on the situaiton in Libya.

Based on the info available so far I would allow the claim to be paid that is currently suspended and transfer the claim into her name from the date of application.

[Anonymous]

thank you :bigsmile:

[Author]

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