Hi, I recently won a tax credits appeal. The issue was whether inland revenue was correct to dissallow award and recover overpayment because they alleged client was cohabitating with her partner. The inland revenue requested the chairman of the appeal to provide statement of reasons. I imagine they are contemplating challenging the ruling.

Anyway in his statement of reasons the chairperson relied on various commissioners decisions to support his ruling. I have never heard of these decisions before. I have an income support appeal soon with similar issues - misrepresentation were department alleges client failed to report she was living with their husband. Client denies this claiming she was a lone parent throughout disputed period.

The decisions are: R(SB)17/81; R(G)3/71; CIS/87/1993 and CSSB/145/1983.

Also Crake and Butterworth v The Supplementary Benefits Commission <1982> 1 All ER 498

If anyone knows where to find these decisions please let me know.

Many Thanks
Kevin

R(SB)17/81 is available from the cmmrs decisions on rightsnet area of swopshop -

http://www.rightsnet.org.uk/pdfs/rsb/17_81.pdf

CIS/87/1993 is available via a reply to a thread in the old discussion forum -

http://www.rightsnet.org.uk/forum/disability/1088.html#1

Appeals Service Northern Ireland Belfast office say that they have a full set of reported decisions and will supply copies for representatives they aslo ha some starred and unreported decisions
from the English Commissioners.

They should have a copy of Crake in what is known as the little yellow book but it is so old they might not be able to find it. Post
your fax no and I will send you a copy.

R(G)3/71 is also on rightsnet

http://www.rightsnet.org.uk/pdfs/rg/3_71.pdf

Thanks everyone for your help. I now have all the decisions I requested. I think Crake doesnt help my client. In fact it is probably negative towards her. I doubt the chairperson or department are aware of its existence though. I've been in front of the chairperson hearing the case before. I cited a commissioners decision to him in a different case and he ran off to the President of the Appeals Service for guidance.

Cheers for your help