If an applicant is temporarily placed in a retirement home, for example while their caregiver is temporarily unavailable, with the intention of returning to their original home, they are entitled to a shelter allowance to pay for the home of origin for up to 52 weeks. Depending on the length of your absence, you may also be asked to complete a new application form. If they are still required to pay rent for their habitual residence, the municipality decides which dwelling is to be considered their principal residence. Landlords who need to move while major repairs are being made may be eligible for a shelter allowance for temporary housing if they pay rent. [21] If you are temporarily away from home, we may be able to pay benefits for 13 or 52 weeks. a student who is entitled to a housing allowance (e.g. if they have to study abroad as part of their studies) In addition, the DWP protects the „housing element” for up to 6 months of temporary absence due to detention or temporary placement in an institution or hospital. We will no longer pay you benefits from the Monday following the date on which you decide not to return home. The standard rule is that an absence from home should not last more than 13 weeks (or may not be planned). [4] Different time limits apply for absences outside the UK. If you need to temporarily leave your home and continue receiving benefits, you must inform us: The shelter allowance is paid during limited temporary absences if the applicant intends to return home and has not sublet it.
If one of the situations in the rules applies, you can still apply for housing assistance, tax assistance or both for the specified duration. In certain exceptional circumstances (e.g., relapse or other unforeseen event), the period of absence may exceed 52 weeks if it is unlikely to significantly exceed this period. [11] DWP guidelines suggest that this should be interpreted as a total absence of up to 15 months. [12] In these cases, payments will continue to be made for a maximum of 52 weeks. [13] It can be argued that an absence of 13 (or 52) weeks within the UK could be immediately followed by four (or eight or 26) weeks of absence outside the GB, with no return to the intermediate place of residence, without the right to housing allowance terminating. [20] An applicant`s eligible partner, dependent child or „young person”[25] will be treated as a resident if they are not at home in the UK and wants to return home within 52 weeks. In exceptional circumstances, a longer absence is permitted (e.g., if the person is in hospital or has no control over the length of their absence) and the absence is unlikely to be significantly longer than 52 weeks. [26] An applicant may retain entitlement to housing allowance for an absence in the UK that does not (or is expected to last) more than 52 weeks if:[6] This means that housing allowance and pension credit are not normally paid for a maximum of four weeks in the event of a temporary absence outside the UK. If we continue to pay you benefits while you are away, we will have to decide for how long. Depending on the reason for the absence, it is 13 weeks or 52 weeks. If you receive housing assistance and municipal tax assistance, you must live in the property for which you are claiming benefits.
There are some exceptions to this rule, which means that some people may continue to apply for a shelter allowance while they are away. In certain circumstances, a person may be considered to be living in the home for an extended period of absence from WBC. Temporary absence rules determine when you can`t be home without losing performance. You must meet certain criteria to grant temporary absence. We can pay a housing allowance for up to 13 weeks if you: If the absence is abroad, the absence granted is limited to the time limits applicable to the applicant. As a general rule, housing assistance and housing tax reduction can only be obtained if you live in a property like your house. However, if you plan to be temporarily away from home, we may still be able to pay your benefit if: – Always get advice on all benefits before you go abroad. For example, if the 13-week period applies, an applicant may be absent from home for five weeks in the GB, then four weeks abroad and then another four weeks in the UK before entitlement to housing benefit ends. From 28 July 2016, the duration of temporary absence for which housing benefit is paid will apply if the applicant (or a member of the household) is absent outside the UK. When calculating the duration of the absence, the first day of absence is included and the day of return is excluded. [1] While the „52-week rule” may indirectly discriminate against hospitalized patients with serious mental illness by increasing the likelihood that these applicants will be detained in hospital for more than 52 weeks, the Court of Appeal held that the plan was not manifestly without reasonable merit and that entitlement to the shelter allowance ceased in these circumstances. [14] The duration of the absence is unlikely to exceed the allowable duration – this may be four, eight, 13, 26 or 52 weeks, depending on the circumstances of the absence.
As a rule, we only pay a housing allowance to a person who lives in a property as an apartment. In certain circumstances, we may continue to pay you benefits while you are away from home. In order to decide if we can pay you benefits while you are away from home, we need to know the following: If the applicant has a partner, we may ask the partner to apply for benefits while you are away. The partner may be considered liable for rent during the applicant`s absence. outside the UK (including England, Wales and Scotland) and your absence should not exceed 4 weeks You can report a temporary absence online via your MyHarrow account. Rules for absences from 28 July 2016 outside the United Kingdom For more information on the rules and time limits for temporary absences that apply in different situations, please download the Guide to Temporary Absences. If an applicant remains away from the UK due to the death of a close relative and the local authority deems it unreasonable for the person to return within the first four weeks, housing benefit may be paid for up to eight weeks. [16] If any of the following changes change while you are away, you must notify us immediately: In certain situations, an applicant may be entitled to a shelter allowance for a period of 26 weeks of absence from GB. This applies if the applicant:[18] If you know you will be away from home for 4 weeks or more, remember to notify the benefits team immediately.
These provisions aim to reduce the permitted absence outside the UK from 13 weeks to four weeks for the majority of applicants. However, you must intend to return home within 13 weeks and you cannot sublet your apartment. You must inform the benefits team if you decide to return home. However, if a Universal Credit application is already „in progress”, DWP will allow a temporary absence without loss of the „housing element”. Indeed, this means up to 1 month of temporary absence abroad for any reason (for example, holidays, visiting relatives); or a longer period of up to 6 months of temporary absence abroad for reasons of medical treatment. A new temporary absence for which housing assistance is paid may begin after the return to the property (this can only last 24 hours). [2] This does not apply to a prisoner on provisional release who returns home. [3] From 28 July 2016, housing benefit will only be paid in the event of a maximum absence of four weeks if the accommodation is located outside the United Kingdom. [24] An applicant (or a member of the household) will not be treated as a resident of the dwelling if they are temporarily absent from the United Kingdom for a period of more than four weeks.
When calculating the duration of absence, the day of departure from the United Kingdom is taken into account and the day of return is not taken into account. [15] If you decide to remain hospitalized, you must notify us immediately. We will cancel your service from the Sunday following the date of your decision. (Northern Ireland, Isle of Man and Channel Islands – temporary absence in one of these places is absence outside the UK). Circular A7/2016 on housing allowances gives examples where an absence outside the United Kingdom follows an absence in the United Kingdom. With respect to Universal Credit, there are two types of absence that would not generally qualify a new adult applicant for Universal Credit: (a) living or vacationing outside the United Kingdom; and (b) being in prison. If applicants move to a nursing home on an experimental basis, for example to see if it is suitable for their needs, with the intention of returning home on the day of entry if the procedure fails, they can receive a housing allowance of up to 13 weeks for their former accommodation. [22] This right is not affected if they decide to stay permanently in an apartment during this period.
[23] The 13 (or 52) week period continues to run during GB`s absence. [19] However, once the absence from WBC exceeds the allowable period (four, eight or 26 weeks, depending on the circumstances), entitlement to the shelter allowance ceases until the Claimant returns home. In other words, exceeding the period of temporary absence allowed outside the GB terminates entitlement to HB from the moment the period is exceeded. This is the case even if the total time spent at home is less than 13 (or 52) weeks. Other forms of temporary absence would generally not qualify a person for Universal Credit, but may affect the status of the Universal Credit household. Thus, if an adult or child is temporarily absent from their 1, it may be extended for an additional month if the Minister considers that it would be unreasonable to expect the applicant to return sooner. 2 by which we mean the failure (a) to assist in the treatment of a household member of an illness or disability (physical or mental) by a suitably qualified person, or (b) a convalescent household or medically approved care 6 because they are in a residential care facility elsewhere (e.g.