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Top Housing Benefit & Council Tax Benefit topic #7721

Subject: "In hospital more than 52 weeks but not claimed HB in that time" First topic | Last topic
ramsfan
                              

Welfare Benefits Advisor, Carrick Housing -on beha, Carrick Housing, Truro, Cornwall
Member since
15th Jul 2005

In hospital more than 52 weeks but not claimed HB in that time
Thu 19-Feb-09 10:17 AM

Hi
I have a strange case where our tenant has been in hospital for more than 52 weeks but was not claiming HB prior to going into hospital. He is looking to return home in the near future and therefore we need to ensure that the rent is going to be met by HB.
Can a claim be made to cover the rent from now, on the basis that he is temporarily absent or does the fact that he has been in more than 52 weeks prevent that.Will the start date be the Monday following the date he returns? Adaptations are also required before he can move back in.

Thanks
Alan

  

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Replies to this topic
RE: In hospital more than 52 weeks but not claimed HB in that time, stainsby, 19th Feb 2009, #1
RE: In hospital more than 52 weeks but not claimed HB in that time, ramsfan, 20th Feb 2009, #2
      RE: In hospital more than 52 weeks but not claimed HB in that time, stainsby, 20th Feb 2009, #3

stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: In hospital more than 52 weeks but not claimed HB in that time
Thu 19-Feb-09 01:56 PM

Thu 19-Feb-09 01:56 PM by stainsby

You first of all need to establish good cause for backdating (and that will no longer be for up to 52 weeks.)

If you can estabish good cause for backdating, and can also establish that at the time, there was a likelihood that the period of absence would not substantially exceed 52 weeks, you could get HB paid up to the point that he had been absent for 52 weeks (See CDLA/2878/2000 and CH/1237/2004).

Once he has been absent for 52 weeks, there can be no entitlement to HB until he returns.

  

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ramsfan
                              

Welfare Benefits Advisor, Carrick Housing -on beha, Carrick Housing, Truro, Cornwall
Member since
15th Jul 2005

RE: In hospital more than 52 weeks but not claimed HB in that time
Fri 20-Feb-09 01:08 PM

Hi
thanks for that -if I understand that correctly, request backdating for the max period which is now 6 months for working age, which would take it back to 20th August 2008 and then HB can paid to the point he reached 52 week in hospital (which was Nov 2008). Any further HB would then have to be a new claim from the date he leaves hospital?

Thanks
Alan

  

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stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: In hospital more than 52 weeks but not claimed HB in that time
Fri 20-Feb-09 04:21 PM

Thats about the size of it

  

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Top Housing Benefit & Council Tax Benefit topic #7721First topic | Last topic