Need some help if anyone has any ideas about this case, although it overlaps with housing law really. client left home to flee fear of violence due to death threats from associates of previously violent partner. Fled from one local authority to another who accepted her as homeless. This local authority accepted a duty to rehouse her and her children. They gave her temporary accomodation in Plymouth (a different local authority area) and the authority which accepted the duty to rehouse is paying HB for the B & B. She was getting HB on the original property which has now been suspended, probably because she has been away 4 weeks+.

She is about to be offered a management move by her Housing Association, but if she loses the original tenancy (the one on which the HB has been suspended) this may not be possible.

I have advised her that she can only get HB for 4 weeks on two homes unless she intends to return to the original property. Does anyone have any knowledge of caselaw about what constitutes an intention to return to the property? After all she will need to return, (perhaps with support) to organise removal of her furnishings etc.

This lady is a bit of a grey area really, I feel that she may have had all the HB she is going to get and may need to relinquish her tenancy, but I didn't want to leave any stones unturned. (This is the second time she and her family have had to flee becasue of domestic violence in two years). Any advice/help appreciated.

Regards Sue

HB CDs where "intention" has been considered include:

CSHB/0405/2005
CH/1854/2004
CH/1237/2004
CH/3893/2004

Regards

Thanks. I have had a quick look at those, I think my client is not going to get HB because she really doesn't want to return to the property.
Cheers
Sue

We use the intention to return quite a lot... your client would return to the property IF all the persons who were theatening her were run over by a bus and the local police would absolutely guarantee her safety... just because this is unlikely to actually happen does not detract from her intention to return. She must state that she would return if everything was safe.

Ah ha. That sounds promising, thanks nick.
Sue

The phrase "intends to return to occupy the dwelling as his home" was considered in CIS/508/1992.

Commissioner Rice stated that "the intention must ... be without any form of qualification. In other words, it is not enough for the person concerned to have a contingent intention i.e. an intention dependent upon the outcome of an event."

(Having said that, CIS/508/1992 concerned Income Support regulations and the question of membership of a household. Therefore, it could be argued that it should not be relied upon when looking at the HB Regs and temporary absence, but I know some authorities would disagree).