The Loans for Mortgage Interest Regulations 2017

Absences for certain reasons up to 52 weeks

10.—(1) Where sub-paragraph (2) applies, a claimant is to be treated as occupying accommodation as the claimant’s home (“the home accommodation”) during any period of absence from it not exceeding 52 weeks beginning with the first day of that absence.

(2) This paragraph applies where a claimant’s absence from the home accommodation is temporary and—

(a) the claimant intends to return to occupy the home accommodation;

(b) the home accommodation has not been let or sub-let;

(c) the claimant is—

(i) detained in custody on remand pending trial or, as a condition of bail, required to reside—

(aa) in a dwelling, other than the home accommodation; or

(bb) in premises approved under section 13 of the Offender Management Act 2007(1);

(ii) detained pending sentence upon conviction;

(iii) resident in a hospital or similar institution as a patient;

(iv) undergoing or, the claimant’s partner or child, or in the case of an SPC claimant, a person who has not attained the age of 20, is undergoing medical treatment, or medically approved convalescence, in accommodation other than residential accommodation;

(v) undertaking a training course;

(vi) undertaking medically approved care of another person;

(vii) undertaking the care of a child or, in the case of an SPC claimant, a person under the age of 20 whose parent or guardian is temporarily absent from the dwelling occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;

(viii) a person who is receiving medically approved care provided in accommodation other than a residential home;

(ix) a full-time student to whom paragraph 4(1) or 6(b) does not apply;

(x) a person, other than a person to whom paragraph 8(1) applies, who is receiving care provided in residential accommodation; or

(xi) a person to whom paragraph 6(a) does not apply and who has left the home accommodation through fear of violence in that accommodation, or by a person who was formerly his or her partner or is a close relative; and

(d) the period of the claimant’s absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

(1)

2007 c. 21.