Hi I need to request a revision and as I am on hols from tommorrow afternoon I have limited time for examining the regs and clearing my desk so I thought many heads would be better than just mine!

Client has been sectioned under mental health act for just over 12 months, he has been in hospital all of this time other than the occassional overnight release. He lived with his mother in LA property she was the tenant until April this year when she went into residential care.

With help from hospital the client has taken over the tenancy from April 2007. HB have refused the claim using CH/2957/04 and HB/CTB circular A12/2005 part 8, (which on the face of it is the clients exact circumstances). However this was the clients home before he went into hospital and he has always intended to return and he has had an overnight stay since April.

I realise that I will put argument in stating they must look at each case and take his individual circumstances into account. But I would be really grateful for a bit of help on this or a quick push in the right direction.

Thanks in anticipation.....

He has been occupying the property as his home all along apart from the time he has spent in hospital, so in my view CH/2957/2004 is of no relevance.

In CH/2957/2004 the claimant was held to have began ocupying the property when her furniture was moved in, but your client was in occupation before that time and is only temporarily absent because of the periods he has spent in in hospital.

The questions of occuaption of his home and libility for rent are separate issues

He began to be liable for paying the rent during a period of temporary absence and Reg 7(16) applies to him, so he is treated as occupying his home for up to 52 weeks. Dont forget that the LA cannot aggregate absences in claculating the 52 week period(R v Penwith DC ex p Burt (1990_), so once he returns home the clock starts again.

(I hardly ever ask for a revision, I nearly always go straight to appeal. If the Council then decides it will be too much trouble doing a submission, they revise anyway)