have a client who went to india on 04/11/04,returning and claiming income support on 08/04/05,a total period out of the uk for approx 20 weeks.prior to going to india client suffering with depression.in india clients mental health deteriorated and he was hospitalised for the last two weeks of his stay.is there anyway we can argue that he be allowed to receive housing benefit for up to a period of 52 weeks due to a temporary absence...as ever,all responses greatly accepted...and appreciated of course.thanx!

On the face of it i'd say no!

You really need to check all rules and regs to make absolutely sure though.

As i see it your client had already been absent from home for more than 13 weeks before he actually started to receive treatment in hospital and his absence from home was not for the purpose of receiving the hospital treatment.

What reg were you thinking of relying on to go for HB for the 52 week period?

to be honest bensup,hadn't looked at the regs as still waiting to get the cpag hb/ctb book which i believe is rather good?just thought that another adviser may have had a similar case and could pass on any wisdom that they may have...i tend to agree with you tho' because of the response i've just received from la.cheers anyway...

You're welcome!

We don't have a CPAG HB/CTB book, just a Shelter one which is ok but i prefer the CPAG Welfare Benefits and Tax Credits Handbook.

The Disability Rights Handbook also have a good chapter on your subject, you should have received the new book as part of your CAB information.

Good luck anyway!

Nicky

It would all depend on the reason for going to India. If he went to India as a way of dealing with his depresssion (maybe he was missing his family out there and it was adding to his woes...), you could argue that he was undergoing medical treatement or medcially approved convalescence (Reg 5(8B)(c(iii), but you would need to get a doctors certificate.

On the other hand, if his mental state was such he was not undergoing treatment on going to India, you would have to show that a change of circumstances took place before the 13 weeks were up to the extent that he was then undogoing treatment. He does not have to be hospitalised to qualify under the 52 week rule under 5(8B) but you must get a doctors certificate

I dont think you can do HB/CTB casework without havign a copy of Findlay

cheers chaps! the problem would appear to be the time he was hospitalised...anyway,will try to be of assistance to the rightsnet posse one day. til then,enjoy the sun(if its in your neck of the woods).