Not sure about this! An elderly tenant needing constant care is due to be discharged from hospital without a care package in place as her gentleman friend (also elderly, lives in another area) has volunteered to provide care himself. This is where it starts to get tricky. He proposes to do this by staying with her part of the time and having her stay with him the rest of the time. So they would be spending all their time together but maintaining two separate tenancies. Both claim Housing Benefit.

First question - would the temporary absence rules apply? She does not intend being absent for more than a week at a time.

Secondly - is there any danger they might be considered as living together as a couple for benefit purposes although they are maintaining separate homes?

Any advice as to the likely treatment by benefits would be useful as I'm concerned neither tenant end up losing out if it can be helped.

Many thanks in anticipation of any help given

I cannot see how they could be considered to be a couple as the relationship is not akin to husband and wife, but from experience I will say that there may be a danger as the authorities may make decisions based on very thin evidence.

As for temporary absence, in my view those rules will apply, although she will never pass the 13 week threshold as r absences cannot be aggregated, but the LA may at some point look into the question as to where her normal home is (see R v Penwith DC ex p Catherine Burt QBD 26 February 1990)

Both the LA and the DWP may consider the question as to whether or not they "normally reside" together ( raising the non dependant issue), Whilst the non dependant deductions may not apply given that both parites could legitimately say their normal address is elsewhere, it is not so simple in relation to the severe disability premium.

had a few like this and DWP have construed LTAHAW...so there are worries on "thin" evidence-based decisions....we have won 'em all where evidence of the move "together" is based upon evidenced caring responsibilities...evidence of same should be included in the Social Services Care Plan which should be completed irrespective of whether they are providing care....in fact, why are they not providing care?....friend could receive direct payment (poss other can of worms/poss better off??).

NDDs should not of course enter into it if the tenant is on AA or Care comp DLA...and if they're not...they should be.

Last post is absolutely right on the issue of temp absence and on the "normal home"/Penwith issue...again, if her intention is to provide care and that care is properly denoted in a care plan by LASS, then should be less of a problem.

Thanks to both of you for your help - I'll pass this to our scheme manager who is pressing for a care plan to be put in place.