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Rent Issues: Prison/Remand - Temporary Release

As soon as the claimant is found guilty, HB is only payable if the claimant is:

  • Due to return home within a total absence up to 13 weeks (including the time already spent on remand), and
  • They intend to return home, and
  • Have not sublet the property, and 
  • They have a 'live' HB claim.

Under the usual rules if your claimant returns home for at least 24 hours this is considered to end the temporary absence period.

But this does not apply to prisoners on temporary release ('home leave' or 'ROTL' - release on a temporary license): they are still regarded as being away from home. HB Regulation 7 para 14.

So if their total absence is more than 13 weeks ignoring any temporary release,then no HB will be payable.

But if your claimant has been served with a curfew order (with or without tagging - click here) such that they are not in prison at all, then they are not regarded as absent from home at all.






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