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My client had been part of a same sex couple for 16 years. On 5.12.05 she was claiming IS as sick, and her partner was working. My client has long standing schizophrenia and is generally quite unwell.
Neither she nor her partner knew that the rules had changed, so did not contact the DWP. On 16.9.08 client had interview under caution and was told she should have declared her partner's income from 5.12.05.The are now pursuing her for an alleged overpayment of £6000+.
However, CPAG is vague about what happened subsequent to the 2005 change to the rules. It says in 2006/2007 edition:-
“If you were living with someone “as if you were civil partners” before 5.12.05 and your benefit claim began before that date, it will need to be changed to take account of your same-sex partner – i.e., if you continue to live either as civil partners, or as if you were civil partners. This is because before 5.12.05 you could not count as a couple for benefit purposes, but from that date you can. In this situation, it is expected that the DWP ….......... will, in general, not alter your claim until the first time they come to look at it after 5.12.05. This could be at the point you tell them that you live with someone “as civil partners”. But in some circumstances, including if they think you could reasonably have been expected to have told them about your partner before they date they actually looked at your claim again, they may decide to alter your claim from an earlier date. This might mean, in some cases, that you are required to repay an overpayment of benefit”.
Subsequent editions of CPAG say exactly the same.
I've lodged an appeal, and will write to the DWP asking about their procedures subsequent to the 2005 change.
Can anyone help?
Thanks.
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