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Top Housing Benefit & Council Tax Benefit topic #1270

Subject: "SUSPENSION OF HB" First topic | Last topic
BobKirkpatrick
                              

Welfare Benefits adviser, Notting Hill Housing Trust, London
Member since
18th Feb 2004

SUSPENSION OF HB
Thu 17-Feb-05 03:04 PM

Claimant goes into hospital (sectioned under Mental Health Act). HB is suspended. Hospital says it cannot say how long claimant will be in hospital - therefore HB remains suspended.

How do we lift the suspension? There is no right of appeal against a decision to suspend payment. What is worrying is what would happen if in, say, six months time the hospital (or claimant) decides they will not return home - obviously, HB entitlement stops at that point, on the grounds that there is no intention to return - but how do we get the HB due before then paid, if the authority argues that the period of absence at the outset was likely to be more than 52 weeks?

  

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AndyRichards
                              

Senior Training Officer, Brighton and Hove City Council, Brighton
Member since
26th Jan 2004

RE: SUSPENSION OF HB
Thu 17-Feb-05 03:37 PM

I think the authority has to make a decision on the available evidence. It cannot just leave the claim suspended. (Shades of the LA which left a claim unpaid for months to "test out" the commerciality of the tenancy - "if landlord throws him out it is commercial - and we'll pay him then!").

If there are no grounds for supposing that the absence is likely to exceed 52 weeks, I think that they should assume that it won't.

  

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Top Housing Benefit & Council Tax Benefit topic #1270First topic | Last topic