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Will Grant & Insurance Payment Affect Benefits?

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2 weeks 3 days ago #297495 by David
Hi KatieE,

According to the UC regs which I quote below in italics all you need to do is show that the residence was flooded and that you are still being charged rent for it. Did you take photos of the flood?

Universal Credit Guidance – Advice for Decision Makers
Other accommodation for essential repairs
F2171 A claimant who
1. has to move into other accommodation so that essential repairs can be carried out to their home
2. intends to return to their home following the repairs and
3. is liable to pay for only one home
shall be treated as normally living in the home which meets all of the conditions 1. to 3. above.
F2172 Where a claimant has moved into other accommodation in the circumstances set out in
F2171 but is liable to pay for both homes the DM must decide which the claimant normally occupies
as his home.
F2173 In F2171 and F2172 essential means necessary and not a luxury.
Periods of temporary absence exceeding six months
Schedule 1, paragraph 9.—(1) Subject to sub-paragraphs (2) and (3), a claimant is to be treated as
no longer occupying accommodation from which they are temporarily absent where the absence
exceeds, or is expected to exceed, six months.
(2) Sub-paragraph (1) does not apply to a claimant who falls within paragraph 3.
(3) Where a claimant who falls within paragraph 6 is temporarily absent from the accommodation
which they normally occupy as their home, the claimant is to be treated as no longer occupying that
accommodation where the absence exceeds, or is expected to exceed, 12 months.
Universal Credit Guidance – Advice for Decision Makers
Periods of temporary absence exceeding six months
F2211 A claimant will be treated as no longer occupying their home where they are temporarily
absent and the absence exceeds, or is expected to exceed six months.
F2212 F2211 does not apply where a claimant is temporarily absent due to essential repairs as in
F2171 et seq.
F2213 In the circumstances set out in F2191 et seq (fleeing violence) the period in F2121 is 12
months.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KatieE
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2 weeks 1 day ago #297552 by KatieE
Thank you for your replies, it's been so much help.

I took photos of the flood, I can't remember if I uploaded them or not, but they're waiting if needed!

The lack of empathy from them is astounding, although I shouldn't really be surprised. Anyone would think that thousands of pound are coming out of her pocket!

Apparently it's been sent off to the decision maker now, so I'll wait for the outcome.

Some good news though, the contractor is going in soon to start gutting the place to get it ready for me to move back in. Silver linings :lol:
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2 weeks 1 day ago #297554 by David
Hi KatieE,

Please let us know how you get on. It will be informative for others in the same situation.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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