Ali Lord
Welfare RIghts Officer, Terrence Higgins Trust, Glasgow
Member since 09th Dec 2008
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LT decision - what to do in the run up to the appeal
Wed 27-May-09 01:55 PM |
I am in the process of appealing a living together decision (if they would ever formally give us the decision, but that's another matter) which I am pretty confident will be overturned at appeal, but my question what should my client claim in the meantime?
Background: client used part of her late husband's estate to help husband's friend with the deposit on a new house, with the understanding that her son would own x% of the house when it was sold. Her health worsened and he lost his job so she moved in to the house, he made a claim for JSA and MIR and she carried on her claim for IS and also claimed MIR. She has received basic IS with DP but no SDP (and DLA MRC) and he has received JSA up to when the compliance visit was done. They now have both had benefits stopped.
We are requesting that the DWP pay IS and JSA pending the outcome of the appeal, but don't know how likely that is. Should thay put in a claim as a couple? Would that not mean that the waiting period for MIR starts again? And will it prejudice their appeals? Any ideas of what to do in the mean time to stop the bank repossessing the house?
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