My client is trying to proove what income she received during a period she was supported by her boyfriend. The support meant he paid the household bills and domestic expenses at her flat (they live apart) but the Council have asked for proof of specific amounts leant on specific days which we cannoyt demonstrate.

Does anyone have any experience of resolving such an issue? Any advice?

Thanks for your help
Dan

If she can not produce documentary evidence, then the Counil should accept her word for it

See R(I)2/51 and R(SB)33/85 both available on rightsnet

Also the House of Lords decision in Kerr v Depratment of Social Develpoment for Northern Ireland 6 May 2004 may be useful

I'm sure it's my own ineptitude but when I try to call up any decision in the briefcase search on rights net I can only get decisions 2003 and after so I can't seem to get any of the decisions Stainsby quotes.

Is there any other way of getting them as I have a very similar case coming to a hearing next month?

If your client is willing to provide, in writing a “reasonable explanation” for her inability to provide the evidence the LA should accept the claim based upon the statements on the claim form. If the LA operates the Verification Framework you might want to ask them to look at the “Exceptions” listed in paras 7.40 and 7.41 of the latest edition of the security manual.

The decisions are not in the Briefcase area, they are in the Swapshop, under Cmmrs Decisions on Rightsnet

Thanks - like I said - my own ineptitude. Its easy when you know where to look

hi derek -

yeah ... the briefcase area has summaries of decisions added to the Commissioners' website from November 2003

... whilst the swopshop page Cmmrs decisions on rightsnet has a mish mash of full decisions that we've collected over the years that we publish because they aren't available elsewhere online

cheers - shawn