I'm trying to get my head around the rules on HB and prisoners. I see that a sentenced prisoner can only get HB in his absence from home for 13 weeks.

That seems to be because of Reg 5(8) HB regs, which I have looked up dutifully and it seems it just contains the general rule. I was hoping it would contain some definition of what a sentenced prisoner was, so I could work out what happens to people who have been given a community sentence but required to live in a particular place which isn't their home for rehab purposes.

If I'm trying to argue that such a client does not come under the general rule, should I be instead trying to find a scenario in Reg 5(8B)(c) that applies to him or her, rather than arguing about what the definition of a prisoner is?

Sue

Is he undergoing any medical treatment as part of the rehab? If so, would Reg 5(8B)(c)(ii) or (iii) or (vii) help?

That would certainly be my hope. More info is coming. But my query was, if I can fit him into Reg5(8B), does it matter that he's been sentenced?

Reg 5 does not refer to sentenced prisoners as a category. The only specific categories referred to in Reg 5 are in 5(8)(c), in relation to whether the 52-week absence can apply. A sentenced prisoner is simply one of any mumber of persons who are subject to the 13-week rule, because s/he isn't living in his/her normal home and isn't mentioned in Para (c). In that sense it doesn't matter that he has been sentenced (and I don't think there's any doubt that your client has been sentenced), but you are going to have to get him into one of the categories (i) to (x) in para c if you want the 52 weeks to apply.

Thanks Andy - that's the conclusion I'd reached but nice to have it confirmed.