Could anybody tell me which regulation applies, which gives claimants up to 13 weeks temporary absence while residing in a residential care home, and that when they decide the move is permanent they can still receive benefit for the four weeks they have to give notice for.(assuming the whole period does not exceed 13 weeks) I've looked at Reg 5 but can't seem to find a reference. In HB guidance 3.186 refers to the qualifying condition but does not refer to the reg.

See Commissioner's Decision CH4546/2002, and the subsequent Circular HB/CTB A18/2004.

Bob, the whole period can be 17 weeks, ie 13 weeks temporary absence for the trial period under HB Reg 5(7B), and then 4 weeks for the notice period under HB Reg 5(5)(d)

Have a look at CH2641/2003 which deals with the issue nicely

It is part of Reg 5.

If you read the regulation carefully it limits the intention to return to the time the claimant enters the home. This means that there does not have to be an intention to return at the time they decide to stay and give four weeks notice. They are still therefore treated as occupying the former home during the notice period. There is also a 52 week limit on multiple tryouts. The 13 weeks is for any one,up to a cumulative maximum of 52 weeks.

I always think of all the subparagraphs of reg 5 like bridges accross a river. If a claimant doesn't satisfy the conditions for one then that doesn't affect their ability to cross at another.