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Top Housing Benefit & Council Tax Benefit topic #2728

Subject: "Fleeing Domestic Violence" First topic | Last topic
Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

Fleeing Domestic Violence
Thu 16-Feb-06 03:04 PM

Hi - a general question:

I think I am correct in saying that if someone moves into temporary accommodation due to fleeing domestic violence at their normal home and has an intention to return to the normal home, they can claim HB for up to 52 weeks on both properties.

If after (say) 3 weeks they decide they don't want to return after all, and put in notice on their original (FDV) address, should the LA pay HB on both homes for a further 4 weeks (i.e. for the notice period on the former home)? OR would HB stop straight away due to intention to return ending OR would it continue for a further week?

Thanks

  

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Replies to this topic
RE: Fleeing Domestic Violence, Tony Bowman, 27th Jan 2006, #1
RE: Fleeing Domestic Violence, Kevin D, 27th Jan 2006, #2
      RE: Fleeing Domestic Violence, Tony Bowman, 27th Jan 2006, #3
           RE: Fleeing Domestic Violence, Kevin D, 27th Jan 2006, #4
                RE: Fleeing Domestic Violence, NickyR, 27th Jan 2006, #5
                     RE: Fleeing Domestic Violence, ken, 27th Jan 2006, #6

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Fleeing Domestic Violence
Fri 27-Jan-06 09:55 AM

The legal provision is in regulation 5 HB regs.

Reg 5(a) provides that where a person has left home for DV they can be treated as liable for rent on two homes if it is reasonable and the person intends to return to the former home;

Reg 7A allows for payments where the liability on the old property is unavoidable, but only for four weeks. There is not specified any intention to return and there is no mention of any liability in respect of any second home, so it seems as though 7A is designed as a basic four-week safety net for DV victims;

Reg 8B is concerned with temporary absences and provides for a person being treated as liable during a temporary absence of up to 52 weeks. In DV cases, this only applies if either 5(a) or 7A does not apply.

We have to apply either 5(a) or 7A first, so in your case, when the person left, there was an intention to return and a liability on a second property and so 5(a) applies. At the point that the person stopped intending to return they could no longer take advantage of 5(a) so we go to 7A.

By my reading, 7A applies for four weeks from the date the claimant left the first property and becuase there are no other caveats attached to it, it would still apply for the 1 remaining week in your example. I think, though not certain, that using 7A would still allow payment in respect of both homes.

8B doesn't apply at all as 1) there is (was) a dual liability and 2) there is no intention to return.

You can't take advantage of the other rule on HB on two homes for four weeks because their is a requirment (reg 6(a)) that the liability on the new home arose before moving in - which most likely would not be met in DV cases (probably accounting for the existence of 7A).


  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Fleeing Domestic Violence
Fri 27-Jan-06 10:13 AM

Just to clarify....

HB can only be considered on 2-homes if it falls within any of the provisions of HBR 5(5).

Regards


  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Fleeing Domestic Violence
Fri 27-Jan-06 10:19 AM

I'm not convinced, how are you so sure?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Fleeing Domestic Violence
Fri 27-Jan-06 10:27 AM

Hi Tony,

No other provision provides for 2-homes. Also, the wording of HBR 5(5) provides at the outset:

"......he shall be treated as occupying both dwellings as his home only-" <emphasis on "only" is mine>.

The requirements are then listed as paras "a" to "e".

I'm also pretty certain that there is at least one HB CD where the Commissioner makes the observation that HBR 5(5) is the only means by which HB can be paid on 2-homes. If I manage to locate the CD, I'll be happy to post the reference (got a feeling it was a case involving HBR(5)(5)(e)).

Regards

  

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NickyR
                              

HB appeals and technical manager, City and County of Swansea
Member since
15th Aug 2005

RE: Fleeing Domestic Violence
Fri 27-Jan-06 10:39 AM

The issue of paying during a notice period where a person is temporarily absent is covered in ch/3893/2004 - available on the commissioners' site.

Basically, intention to return ceases when notice is given, not when it expires.

  

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ken
                              

rightsnet, lasa
Member since
28th Jul 2005

RE: Fleeing Domestic Violence
Fri 27-Jan-06 10:53 AM

A summary of CH/3893/2004 is also available in the briefcase area of rightsnet, together with a link to the full decision itself.



  

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Top Housing Benefit & Council Tax Benefit topic #2728First topic | Last topic