SCHEDULES
SCHEDULE 3Claimant treated as occupying or not occupying accommodation
PART 1Treated as occupying accommodation
Claimant living in other accommodation because of reasonable fear of violence5
1
This paragraph applies where—
a
a claimant is occupying accommodation (“the other accommodation”) other than the accommodation which they normally occupy as their home (“the home accommodation”), and
b
it is unreasonable to expect the claimant to return to the home accommodation on account of the claimant's reasonable fear of violence in the home, or by a former partner, against the claimant or any child or qualifying young person for whom the claimant is responsible, but
c
the claimant intends to return to the home accommodation.
2
The claimant is to be treated as normally occupying both the home accommodation and the other accommodation as their home if—
a
the claimant meets the payment condition and the liability condition in respect of both the home accommodation and other accommodation, and
b
it is reasonable to include an amount in the housing costs element for the payments in respect of both the home accommodation and the other accommodation.
3
Where the claimant meets the payment condition and the liability condition in respect of one accommodation only, the claimant is to be treated as normally occupying that accommodation as their home but only if it is reasonable to include an amount in the housing costs element for the payments in respect of that accommodation.
4
No claimant may be treated as occupying both the home accommodation and the other accommodation under sub-paragraph (2) for more than 12 months.