I have a client her IS has been reduced because she refuses to give the name of her ex partner for the purposes of Child support. She was initially allowed to opt out as she had been subject to domestic violence ,stayed in refuge etc

She wants to continue to opt out but this has been denied as she has not been threatened with violence in the past 12 months. Her benefit has been reduced.

has anyone had to deal with a similar situation and if so how did you argue that the claimant should be able to withhold name of ex partner

This question confused me a bit. Has there been a change of circs or something that would allow them to look at the opt out again? I havent come across a decision to allow an opt out that has been changed without a c of c...and Im worried I've missed something.

I would argue that the length of time isn't relevant. 12 months or 12 years, if the cl believes that pursuing her ex for child support would put her at risk then her benefit shouldn't be reduced.

I would bang in an appeal straight away.....its a very harsh decision and one they will have problems justifying.

Hi Margie

thanks for your response I have only just read it.There has not been a change of circ ,they just decided that enough time had passed taht an opt out was no longer relevant

I have assisted her with an appeal against the decision and asked that the decision be changed on the grounds that there is good cause in that the parent or child willsuffer harm or undue stress and the welfare of the child will be affected by any potential contact

thanks again

Robina