Housing Benefit during Covid 19 : Housing Benefit My... - Mencap


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Housing Benefit during Covid 19

KMmum profile image

Housing Benefit

My adult daughter is in supported living but has moved back with me during lockdown . I have been told she needs to return to her flat after 13 weeks for 24 hours to continue to receive Housing Benefit . Is there any way out of this ?

13 Replies

I don’t actually know but this might be the case in normal circumstances and as we all know these aren’t normal circumstances. As it’s not normal circumstances there is leniency in most things. Get in touch with whoever supports her and ask them to find out for you. I’m sure this won’t be the case, given what everyone is going through.

KMmum profile image
KMmum in reply to 49Twister

Sadly our social worker asked hosing benefit and explained the Situation and they said it was still the case . Thank you so much for taking the time to answer , I am going to look into thinks a bit next week .

49Twister profile image
49Twister in reply to KMmum

We keep getting told to use our common sense but it’s definitely lacking in some areas. Hopefully this will prevail in the end. She won’t be able to go back until it’s safe to do so and it’s difficult to know when that is, but we all hope it’s sooner rather than later. Take care

KMmum profile image
KMmum in reply to 49Twister

Thank you

I hadn’t heard about this and my son came home for 8 weeks but has now gone back to his supported accommodation. However we live in Scotland so maybe it’s different up here?

I’ve had that problem too as i live in supported living

However I decided to be very i dependant and go back to my flat sometimes

KMmum profile image
KMmum in reply to natalievbailey

Well done . Hope you settle back quickly . Thank you for replying to me . X

Sarah_Mencap profile image


How frustrating. I have had a look and I can't see any guidance on the Gov't website about this.

Please could you call our helpline so you can talk to one of our advisors about this - call them on 0808 808 1111

or email helpline@mencap.org.uk.

You can also fill in their online and they will get back to you as soon as they can - mencap.org.uk/contact/conta...

You can read more about the helpline here - mencap.org.uk/advice-and-su...

I will also follow this up and I will post anything more I find on here.

Best wishes


KMmum profile image
KMmum in reply to Sarah_Mencap

I tried to fill in an email to send to you but not sure if it sent

Sarah_Mencap profile image
Sarah_MencapAdministrator in reply to KMmum

Hello. Please do give them a call if you don't hear back from them very soon.


I’m an Information and Advice Officer at the Learning Disability Helpline, and your Online Community query about Housing Benefit was forward to us.

Below are the regulations in relation to temporary absence from home for Housing Benefit purposes.

The 13 week rule applies if you are temporarily absent from your home and:

> You intend to return to your home;

> The part of the home you normally occupy has not been let or sub-let; and

> Your absence is unlikely to exceed 13 continuous weeks.

Housing Benefit Regs 2006 7(13-15)

The 52 week rule applies if:

> You are temporarily absent from your home;

> You intend to return home;

> The part of the home you normally occupy has not been let or sub-let;

> Your absence is for a specified reason, including:

> Receiving medical treatment or medically approved care or convalescence

> Providing medically approved care

Housing Benefit Regs 2006 7(16- 17)

You can continue to receive Housing Benefit whilst absent from your home for up to 52 weeks if you are receiving “medically approved care”.

Given the current circumstances you could try to argue that this regulation applies. A letter from the care provider or a GP etc supporting the temporary move back to family would be helpful as evidence that the move back to family meets this criteria.

I hope this information is helpful, if you need any further advice or information please contact the helpline again on 0808 808 1111.


Information and Advice Officer

The Learning Disability Helpline

We are in a similar situation, but my son cannot go back to his supported living accommodation to do the 24 hours stayover as under govt regulations you cant stay the night away from home, which for him is our house for the time being. So it just doesnt work!

We've written to our LA, with a back up letter from his supported living manager, saying he will be back as soon as it is safe, but for the time being is with us for medical reasons to protect his health. I will let you know how we get on!

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