Guide to Absence Away From Home

In certain circumstances Housing and Council Tax Benefit can continue to be paid during temporary absences from home.

However all the following criteria must be satisfied.

• You must intend to return to the dwelling
• The property must not be sublet
• The period of absence must not exceed 13 or 52 weeks, whichever is appropriate.

52 Week Rule

If the absence away from home is as a result of one of the following, up to 52 weeks benefit may be paid.

• Customers on remand in prison or bail hostel. However, if sentenced whilst on remand the 13 week rule then applies, see below.
• Customers in hospital as an in-patient
• Customers undergoing medical treatment but not in residential accommodation
• Customers providing approved care
• Customers providing care for a child whose parents are receiving medical treatment or approved care
• Customers receiving medically approved care but not in residential accommodation
• Customers absent through fear of violence. If the decision is made not to return to the property, up to 4 weeks overlap may be awarded.
• Customers receiving medically approved care in residential accommodation but not those residing there on a trial basis

"Medically Approved" means certified by a medical practitioner i.e. GP or nurse.

13 Week Rule

Other absences from home fall under the 13 week rule.

• Customers on extended holidays
• Customers staying with relatives
• Customers on a trial period in residential accommodation. If the decision is made that the stay is to be permanent, Housing and Council Tax Benefit ceases.
• Customers sentenced to less than 13 weeks imprisonment, including any time spent on remand. If the period on remand, and sentencing exceeds 13 weeks, Housing Benefit will cease immediately. However Council Tax exemption can be applied for.

Please Note that periods of absence away from home may link towards the 13 or 52 weeks, but a return home will break the link if it is 24 hours or longer.

How to apply?

You must inform us of the absence away from home before you go. This gives you the opportunity to apply for benefit, if necessary, for the time you are away. If we are not informed, your claim may be cancelled pending your return. This could lead to Rent and Council Tax arrears.

How to Appeal

If you disagree with the decision you can:

• Ask us to explain the decision
• Ask us to revise (change) the decision
• Appeal against the decision

If you wish to appeal against a decision we have made, you must do so in writing within one calendar month of the date we notified you of the decision. You must also state why you think the decision is wrong.

Whenever you ask us to explain our decision, or to revise it we will check all parts of your claim and advise you of how we came to the decision. In doing so, if we find anything wrong with the decision we made, we will write to you with the decision and your right of appeal will start again.

If we do not change the decision in your favour we will send the case to the Appeal Service which is an independent body who will look at each individual appeal in an impartial manner.

More Information and Advice

If you require any further information please contact:

Finance Department
Erewash Borough Council
PO Box 2
Wharncliffe Road
Ilkeston
Derbyshire
DE7 5SE
telephone: (0115) 9071010
E-mail: benefits@erewash.gov.uk
or call into one of the Finance Customer Services offices at either:
Town Hall, Ilkeston or Civic Centre, Long Eaton