Can anyone give me some pointers as to what happens when a person is being paid HB during an absence, which requires them to intend to return, and at some later stage during the absence they change their mind about intending to return?

Does their entitlement to HB disappear from the date their absence began or from the date their intention to return changed?

If they change their mind because they are in fear of violence, is there any way of arguing for more than 4 weeks of HB (on the basis that this was a factor in their leaving in the first place)?

Many thanks,

Sue

I always advise clients that the should indicate that they intend to return to the home when it is safe to do so.

The intention to rerturn must generally be an unqualified one, so if the client indicates for example that they may apply for a course at college and if they are accepted they will not return, then they can not be considered to have an intention to return (see for example CIS/487/1993 and CIS/508/1992 both available on rightsnet)

On the other hand if the client is in such dire straights such as fleeing violence, or has gone into respite care because of avery serious health problem, fleeting changes of mind should be ignored and the person's settiled intention should be considered in the round (Hammersmith and Fulham LBC v Clarke CA 2 Nov 2000)

Once the person has decided that they no longer wish to return, then there could potentially be a further entitlement to 4 weeks benefit under Reg 5(5)(d) or 5A as the variuos provisions of Reg 5 are independent of each other (see also CH/4546/2002 and CH/2641/2003)

Mon 09-Jan-06 12:07 PM by ken

Thanks to stainsby, the Court of Appeal case highlighted in his posting -

Hammersmith and Fulham LBC v Clarke (2000)

is now available on rightsnet.

Thank-you kindly, I will read and absorb.

The date of change is the date on which the clmt's intention changes. Assuming liability continues, HB should cease from the Monday after the date on which the clmt decides there is no longer an intention to return.

Without an intention to return, there is simply no provision for HB to be payable for more than 4 weeks.

Regards

Thanks Kevin.