Housing benefit while you are away from home

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

You can get housing benefit while you are away from home for up to 13 weeks, so long as you intend to come back to your home and you are not likely to be away any longer. In special circumstances you may be able to get housing benefit for longer.

Anyone can get housing benefit paid for up to 13 weeks while they are away from home. In the following circumstances it may be possible to get housing benefit paid for up to 52 weeks. Remember, you must intend to return to your home.

If you have not moved into a new home

Housing benefit is normally only paid from the date that you actually move into your home. If your tenancy agreement starts before you move in, you will have to pay the rent yourself for the period in between, unless there were exceptional circumstances that prevented you from moving in earlier. For example, you accepted a new tenancy but were then taken into hospital.

Prisoner on remand

If you are being held in custody pending your trial or sentencing, or have to stay somewhere that is not your home as a condition of bail, you can continue to get housing benefit for up to 52 weeks. If you are sentenced for more than 13 weeks, you will no longer receive housing benefit.

If you are sentenced, any other benefits you receive will also be affected.

The above rules do not apply if you are detained under the Mental Health Act.

Hospital patient or receiving medically approved care

You can have housing benefit paid for up to 52 weeks if you are away from home because:

• you are a hospital inpatient
• you are receiving care approved by a doctor or health professional.

Staying in a care home

If you are away from home staying in a care home you may be able to get housing benefit for your own home for up to 52 weeks while you are away, so long as you intend to return home.

However, if you are in a care home on a trial basis, you can only get housing benefit for 13 weeks.

If and when you decide that you will not be going home, your housing benefit will stop immediately.

Caring for others

You can get housing benefit for up to 52 weeks if you are away from home because you are:

• providing someone with care that has been approved by a doctor or health practitioner
• looking after a child because their parent or guardian is receiving care that has been approved by a doctor or health practitioner
• receiving care that has been approved by a doctor or health practitioner.

Absent due to fear of violence

You can get housing benefit for up to 52 weeks if you are absent from your home because of:

• fear of violence in that home
• fear of violence from a former family member.

You may also be able to claim housing benefit for the accommodation you are staying in while you are away from home. See the page on housing benefit for two homes to find out more.

Absent students

If you are a student who gets housing benefit and you need to be away from your home, you may be able to get housing benefit for that home for up to 52 weeks. Seek advice, as this is a rare situation.

What about council tax benefit?

There are different rules about being away from home for council tax benefit. However in most local authorities, housing benefit and council tax benefit are worked out at the same time, by the same staff, so seek advice if you find your council tax benefit stops due to an absence from home. It may be that it should not have stopped, even though your housing benefit should have. In some circumstances, you may not need to pay council tax at all while you are away from home.

Where can I get help and advice?

If you are going to be away from home and you are not sure if you will be entitled to housing benefit, you could either contact your local housing benefit department or speak to an adviser. You can get advice from a housing aid centre or Citizens Advice Bureau, your local council or other advice centre. Use the Advice Services Directory to find agencies in your area.