SCHEDULE 3Circumstances in which a claimant is, or is to be, treated as occupying accommodation
PART 2Legacy benefit claimants and SPC claimants
Living in other accommodation due to fear of violence, where a claimant's partner is a full-time student or where moving into new accommodation6
Where a claimant is liable to make owner-occupier payments in respect of 2 dwellings, the claimant shall be treated as occupying both dwellings as the claimant's home—
a
where—
i
the claimant has left and remains absent from the accommodation which the claimant occupies as the claimant's home (“the home accommodation”) through fear of violence in the home or of violence by a close relative or former partner, and
ii
it is reasonable that owner-occupier payments should be met in respect of both the claimant's home accommodation and the claimant's present accommodation which the claimant occupies as the home;
b
in the case of a couple or a member of a polygamous marriage, where—
i
one partner is a full-time student or is on a training course and it is unavoidable that the members of the couple or polygamous marriage should occupy 2 separate dwellings, and
ii
it is reasonable that owner-occupier payments should be met in respect of both dwellings; or
c
where—
i
the claimant has moved into new accommodation occupied as the claimant's home, except where paragraph 5 applies, for a period not exceeding 4 benefit weeks from the first day of the benefit week in which the move occurs, and
ii
the claimant's liability to make owner-occupier payments in respect of both the new accommodation and the accommodation from which the move was made is unavoidable.