If the claimant has to live in a bail hostel in GB or is away from home in GB as a condition of bail they can continue to receive HB on their normal home for up to 52 weeks as long as:
- The period away is unlikely to be more than 52 weeks, and
- They intend to return home, and
- Have not sublet the property, and
- They have a 'live' HB claim.
HB Regulation 7 para 16 and 16A.
52 weeks - could this ever be longer?
Whilst away from home the claimant has to intend to return within 52 weeks. As soon as the HB Office become aware that the absence is likely to exceed this they will end the HB claim.
The HB Regs do allow HB to be paid for up to 52 weeks if the claimant's absence is unlikely to exceed substantially the 52 week period and there are exceptional circumstances (such as perhaps a delay in court hearing, ie some unanticipated event). DWP guidance suggests that periods of absence of up to 15 months would be OK under this rule but reminds HB Offices that it is for them to decide.
What if they are going to be away on bail longer than 52 weeks?
If not entitled to HB due to the length of time they are going to be away - is there someone else living in the property who could claim - such as a partner or someone else who could be treated as liable to pay the rent?
Note - HB can be paid for up to 4 weeks for any notice period, if the claimant terminates their tenancy - click here for more information.
They have now been sentenced
As soon as the claimant is found guilty, new rules apply - click here.