on LTAHAW, which is the decision which confirms that it has to be shown that the two people are in fact in the same house before LTAHAW can be found... thought it was on my usb stick of cases, but not

thanks

Hi Claire

I'm not aware of a CD concerned with "house" but there are several concerned with "household". In R(SB) 8/85, for instance, the commissioner, at paragraph 12 said “the identification of the assessment unit is fundamentally linked to the concept of membership of a household”.

That seems pretty authoritative to me and current social security legislation still bears the same principles.

There is also R(SB) 13/82, specifically paragraph 11 (a case where the claimant had a lease of his own room in a shared house).

Regards
Paul

I've always thought that you need to get past living as members of the same household before you even get as far as looking at the nature of the relationship.

ah well I did find one once! where the point was spelt out by a commissioner, and i can't for the life of me find it now!

I'm currently on my THIRD case where DWP say that person was LTAHAW with someone living in a different house .... (I've positive evidence of person living elsewhere...) and i do think it's worth spelling out to a tribunal since they do get caught up in other aspects of relationship to detriment of the real point.

Thats the implication behind the commissioners statement. First it has to be established whether the people are members of the same household. If they are not (temporary absences permitting) then the enquiry stops there because a person cannot be a member of more than one household at a time.

i know, but I know it was actually spelt out somewhere by a commissioner that they have to be in the same house

A few years ago I had to take one such case to the Commissioner (when i was at previous firm, so don't have access to the file, and rashly didn't keep a copy of my submissions in that case) where the DWP themselves conceded in their own submissions that the man in question lived in a different house ... didn't stop the tribunal getting it wrong and finding that my client was LTAHAW with him!

ah well, i'll keep hunting and will find it....

the decision makers guide for income support covers this. i had a similar case and faxed the decision makers guide to them and got it changed without having to go to appeal.

section 11015 of chapter 11 i would try quoting that to the decision makers.

cheers