I have a client who is having a £7.40 non-dep charge applied to his claim. Both he and I have asked the LA to look at this decision again in light of the fact that the non-dep only stays at the client's house a few nights per week. It is not his permanent home as he does not keep his belongings there. Basically he "sofa surfs" between 3 different addresses. He stays at my client's address, who is his father, for support as he is a recovering drug addict. The LA has used this as one of the reasons not to remove the charge.

I have quoted CD CIS/14850/96 in my argument to get the charge removed but the LA are refusing, saying that his absence from the property is temporary and he is resident for sufficient time for the house to be regarded as the individual's usual abode.

In addition, as his post is sent there and he is registered with JCP at this address this must be his permanent residential address. The JCP records also indicate that during Dec 07 the non-dep advised that he was "living with his dad".

Has anyone got any ideas where I can now go with this or have I hit a brick wall??

Have a look at some more recent decisions such as CH 1781 2005 and CH 3935 2007 if you have not already as they may give you some pointers.

Jeff

I will do, thanks!

The LA might well refuse but could loose at Tribunal. In CIS/14850/1996, the so called non dep had no other address.

A person should be considered to be not normally resideing anywhere if he sofa surfs.

See also CH/3935/2007 another case where a non deps stay was at least initially temporary.