We have a client who has been in hospital over 52 weeks but has had periods of home leave up to 18 days/nights away from hospital. We are desperate for a copy of R v Penwith DC HBRB ex parte Burt (1990), which suggests " it was held that the absence must be continous. Consequently if the claimant returns to, and occupies the dwelling as a home,even for a short time ,the allowable period of temporary absence starts again ". page 57 guide to housing benefit and council tax benefit 2003/04.If anyone has a copy could they please please email it or fax me on 020 8776 4366.

thanks andy

Findlay give the referece 22HLR 292 QBD

This is vol 22 Housing Law Reports p292 (the cae was decided in the Queens Bench Division of the High Court)

The last time I had to find a pre 1996 case like this I had to get a day ticket for the LSE law library, cost me £7, then 10 pence a sheet for photocopying

Have a copy that I can e-mail. Let me know the address and it's on it's way

can I have one please
stainsby@gallionsha.co.uk

hi phil ... if you'd like to email us a copy we'd be happy to publish here?

address is rightsnet@REMOVElasa.org.uk

(remove the "REMOVE" before sending)

cheers

and here it is - a pdf copy of Penwith -

http://www.rightsnet.org.uk/pdfs/Penwith_Feb04.pdf

Wed 25-Aug-04 11:49 AM by shawn

also a copy of a LB Barking and Dagenham case which may be useful in relation to the issue of a claimants normal home -

http://www.rightsnet.org.uk/pdfs/LB_Barking_Jan01.doc