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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

LTHAW ...

Jeremy Cross
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CAB Maidstone

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Total Posts: 60

Joined: 18 August 2010

Hello !
I have a cl who had a visit from a compliance officer after which the compliance officer informed cl she had until 20/12/11 to withdraw her claim for IS because she has a partner.
Cl does have a partner to whom she has a child and is going to marry her partner next year, but partner is in the army and has to live where the army states he has to, ie : in army barracks where he has to pay accommodation and other charges.
The partner does stay at cl when he is on leave but he also stays at his mothers where he is on the electoral roll.
My question is can my cl argue they are not a couple because of the above factors and are there any special rules for people in the armed forces in such situations ?
Any feedback greatly appreciated and thank you ...

ClaireHodgson
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Solicitor, CMH solicitors, Tyne And Wear

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they are not in the same house or the same household.  the DWP are not going to be able to show that he IS in the house or household with her.  get evidence from the bloke’s mother and anyone else as to where he lives…. and give the DWP hell!

elaineforrest
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Benefits specialist - Dumfries & Galloway Citizens Advice

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Joined: 16 June 2010

A compliance officer is not a Decision Maker. (S)he collects evidence for the case to be put before the DM.
Under no circumstances should your client withdraw the claim. Wait for a formal decision, if indeed one is forthcoming, then appeal.

neilbateman
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Welfare Rights Author, Trainer & Consultant

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Can you phone me on 01473 251100?  I have a compliance issue in your patch which may be relevant to your query.

PolicyPrincess
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Operations & Advice Manager - Citizens Advice Taunton

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Joined: 28 June 2010

Also worth getting copies of boyfriend/fiance’s military pay slips as these will clearly show his liability (and deductions made) for his accomodation in the block and send copies to compliance.

Jeremy Cross
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CAB Maidstone

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Total Posts: 60

Joined: 18 August 2010

Thank you all !

And yes, i have copies of boyfriends pay-slips Chaos ...

Will keep people posted on this and have a pleasant day !