The 13 and 52 Week Rule
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13 Week Rule
The Benefits Service has no discretion on the time limit. If the absence is going to be more than 13 weeks then no Housing or Council Tax Benefit can be paid.
If you had planned to be absent for less than 13 weeks but a change happens meaning you will be absent for more than 13 weeks then your benefit will stop immediately, unless you are covered as one of the special cases. Benefit will be stopped from the date you knew your absence was going to be for more than 13 weeks and not the date the absence started.
Who Is Affected
- Sentenced prisoners serving a custodial sentence of less than 13weeks (after deducting any remission)
- People absent from home, in the Uk or abroad, for holidays, domestic or religious reasons
- People working away from home in the UK or abroad
- Voluntary workers in the UK or abroad
- Any person not covered by special rules
52 Week Rule
People who can continue to receive benefit for up to 52 weeks of temporary absence in the circumstances are:
- Remand prisoners, people who are required to live in approved bail hostels as a condition of bail and people detained pending sentence following a conviction
- Inpatients in hospital or similar institution (click here for further information)
- Persons receiving medical treatment or medically approved convalescence for themselves, partner or a dependent child in the UK or abroad, but not in residential accommodation
- Persons undertaking approved training courses in the UK or abroad
- Persons providing medically approved care in the UK or abroad
- Persons providing care for a child whose parent or guardian is receiving medical treatment or medically approved care
- Persons receiving medically approved care in the UK or abroad, but not in residential accommodation
- vulnerable students
- Persons in fear of violence (click here for further information)
- Persons receiving care in residential accommodation, other than those residing there on a `trial' basis (click here for further information)
Absences of More than 52 Weeks
A person whose absence is unlikely to substantially exceed 52 weeks; can also receive benefit. This can only be considered in very exceptional circumstances and then should be interpreted as a maximum absence of about 15 months. However benefit will only be paid for a maximum of 52 weeks.