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Temporary absence from two home (dual HB)

kat v
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WRAMAS - Bristol

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Total Posts: 12

Joined: 23 June 2016

Hello

I have a HB query that has left me a little unsure/confused and hoping someone here can give me a clear answer one way or the other.

The claimant left her first property due to DV and is currently claiming dual housing benefit for this property and for a place at a safehouse.

Is she able to continue to receive dual HB during a temporary absence/temporary absences from the safehouse?

I couldn’t find anything to suggest ‘definitely not’ but there are some question marks over things like whether this is her ‘home’ and so it seems like a situation where this might be an issue and lead to a HB claim being closed.

If it is relevant - the temporary absences are for time in hospital and then for brief stays with relatives who are providing support due to her ill-health. This has not been for more than the 13 week limit for temporary absences and have all been in GB.

Thanks in advance for any help.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Total Posts: 2895

Joined: 12 March 2013

In my opinion yes.

HB continues during a temporary absence from the dwelling occupied “as his home under” Reg 7(13).  In a case like this, the claimant is treated as occupying two dwellings “as his home” by Reg 7(6), so Reg 7(13) should apply to both of those dwellings as if they are a single home from which the claimant is temporarily absent.

The key legal point here is that the claimant is not relying on temporary absence provisions to get the dual HB - it’s not a case of being temporarily absent from the dwelling in which she is already temporarily absent from the original dwelling.  The effect of Reg 7(6) is that the claimant’s normal situation is occupying two dwellings as her home - with Reg 7(6), we are still at the stage of identifying which dwelling or dwellings attracts HB to start with.  The result might be one or two dwellings, but whichever it is, the claimant is then entitled to HB while temporarily absent from it/them elsewhere, in a different place which is not a dwelling occupied as her home.