hello again all...have client who dwp have said was cohabiting with boyfriend.client states that they weren't but because of boyfriends circumstances,ie:living at various addresses with people who were claiming hb/ctb and not disclosing his residence because of non-dep deductions,he cannot show evidence that he was in fact residing elsewhere...anybody got any ideas.as ever all responses greatly accepted.thanx

Make the DWP prove their case rather than trying to prove yours. Assuming you are talking about a supersession ending her entitlement and creating an overpayment (rather than a refusal of a new claim) then it is for them to show the evidence.

What evidence have THEY got to indicate that claimant was living together with boyfriend?

I dont think you need worry too much about the non dep deductions given that a non dep is defined as someone who normally resides (not simply resides) with a claimant. The Commissioner ruled that this has connotations of permanence in CIS14850/1996.

Having said that I agree with Martin Williams about making the DWP prove their case

thanx,was thinking along both of those lines.have good weekend...