What if I temporarily leave my home?
We can usually only pay Council Tax Benefit to a person who lives in a property as their home. However, in certain circumstances, we can continue to pay you benefit while you are temporarily away from home.
To decide if we can pay you benefit while you are away from home, we need to know:
- why you are away from your home; and
- how long you will be away.
If we decide that we can continue to pay you benefit while you are away, we must then decide how long we can continue to pay you. Depending on the reason for the absence, this will be either 13 or 52 weeks.
People claiming who fall under the 13-week rule
- Convicted prisoners serving a custodial sentence.
- People who are away from home doing paid or unpaid work in the UK or abroad.
- People who enter residential accommodation on a temporary basis to find out whether or not it would suit them as a permanent home.
- People who are on holiday or visiting relatives away from home or abroad.
People claiming who fall under the 52-week rule
- Prisoners remanded in custody, awaiting trial or awaiting sentence. This includes people in bail hostels.
- Hospital inpatients.
- People receiving medical treatment or medically approved convalescence for themselves, a partner or child.
- People providing medically approved care. This means care certified by a medical practitioner.
- People receiving respite care in residential accommodation, but not a person who lives in a residential care home on a trial basis.
People claiming who are in legal custody
- A person on remand is entitled to receive Housing Benefit for up to 52 weeks from the date on which the absence started.
- However, if they are then convicted, they will fall under the 13-week rule.
If the person claiming has a partner who normally lives in the property with them, we may ask them to claim Housing Benefit in their own right during the period of absence as they can be counted as being liable to pay rent while the person claiming is away.
You must tell us immediately if you are held on remand, released or convicted.
People claiming who are in residential care homes
- People who are in a residential care home to receive respite care fall under the 52-week rule.
- People who go into residential accommodation on a trial basis to see whether they would like to make it their permanent home fall under the 13-week rule.
You must tell us immediately when you are going into residential care.
As soon as you have decided that you will be staying in residential care permanently, you must tell us immediately. We will cancel your benefit from the Sunday following the date which the decision to stay permanently was made.
People claiming who are in hospital
Hospital inpatients fall under the 52-week rule. As with all other absences from home, you must plan to return to your usual home and the property must not be relet or sublet while you are away.
People claiming who are on holiday
If you go abroad for a holiday or religious or domestic reasons, or simply take a holiday in the UK , you may be entitled to claim Housing Benefit on your usual home for up to 13 weeks.
In some cases we may ask to see evidence of how you have paid for the trip and how you have supported yourself (and any family) while you are away from home.
If you have told us that you will be away for a certain period of time, you must tell us when you return. If you do not tell us at the expected return date, we may suspend your claim.
Always get advice about all benefits before going abroad.
For further information:
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Contact: Benefit Team Leader, Town Hall, Penrith CA11 7QF
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Telephone: 01768 212131
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Email: benefits@eden.gov.uk
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Fax: 01768 890470
