Temporary Absence – Repeated 13 week periods

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    I have a customer, a ‘single’ British National.

    This gentleman lives in Local Authority accommodation and for the periods that he is in the UK receives JSA(IB).

    Over the course of the last 56 weeks he has been overseas in Iraq for 32 out of those 56.

    He was away initially for a period of just under 6 weeks. Returned to the UK for 4 months and then went for 12 weeks and 6 days. He returned back to the UK for 6 weeks and then went for another 12 weeks and 6 days.

    He claims to be in receipt of nil whilst away and that he stays with friends whilst abroad and, that friends and family pay for his airline tickets. He also states that he goes to visit his pregnant wife in Iraq, no clue on how long married, pregnant etc, yet.

    I cannot find anything that says that this guy cannot have repeated periods of absence but is there someway that a line can be drawn under this? When does he get to the stage that he is no longer Habitually Resident? The DWP do not appear to have any problems as they keep paying his JSA.

    I have queried this with the Landlords and they are not overly interested. I guess the reason for this is the fact that we are paying HB but suspect that they may change their opinion if they had increasing arrears.

    Advice please?

    Kevin D

    Does an earlier thread help?

    temporay Absence – marriage to Tunisian man

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