stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: Liable for Overpayment or not!
Tue 17-Mar-09 04:00 PM |
If the claim was made in the wifes name the certificate of earnings is of little relevance because its just a document provideing evidence to support her claim. There is as yet no such thing as a joint claim for HB so even if the wife forged the signature, its still irrelevant, unless the Council are accusing your client of misrepresentation.
On the other hand , if the wife forged the signature in order to make it look like your client was the claimant, whilst its still up to the Council to prove its case, there will be some evidential burden on your client to show that his signature was forged.
If the Council are accusing your client of misrepresentation, there will be at least an evidential burden on him to rebut the Couccil's allegations, although the legal burden of proof is on the Council
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