Protected Tenant on Housing Benefit gone into Care Home
Housing Benefit Overpayment

2 Thanks
9 Posts
9 months ago

Hi all, a number of factors are making this one a little tricky, so hoping for some advice please.  Here are the details:

Tenancy is a Regulated/Protected Tenancy paid by the council (Housing Benefit).

Tenant is elderly with no next of kin and has had to go into a care home (last date at property 22nd Aug 2023).

Social Services are going through the Court of Protection to appoint a Power of Attorney to deal with tenants affairs (still on process)

Sadly the tenant is unlikely to return to the property but is not capable of deciding this for herself, hence social services seeking Power of Attorney.  I understand that housing benefit is paid for up to 52 weeks for hospitalisation or going into a care home, but is this only if the tenant is planning to return?  What happens if the tenant does not have the mental capacity to make this decision, i.e. is it the date power of attorney is granted and therefore the decision made on their behalf?  Also, how long after this decision is reached will rent be paid or will it stop immediately on that date?  I am told the councill would be responsible for emptying the house.

All very sad, any advice greatly appreciated.


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