Temporary absence UC

Hi All

Have a client on UC who has been absent from her home (staying with sister) for more that 6 months.
Appears she didn’t inform when she left.
The LA has informed UC that she has been staying wither her sister since Jan and, as a result, UC has revised help with housing costs from then.

The regs say: “a claimant is to be treated as no longer occupying accommodation from which they are temporarily absent where the absence exceeds, or is expected to exceed, 6 months.”

I’m assuming UC can argue that, since the claimant has exceeded the 6 months, she ceased to be entitled to HC’s from when she left rather than to remove help with HCs from the date the 6 months expired?

No, it depends on your client’s intentions when she left her home, if she intended to return but hasn’t been able to for reasons, then it depends on why she hasn’t gone back and at very least shouldn’t terminate housing costs until the six month point.

That’s great, thanks