stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
|
RE: Fleeing violence and intention to return
Tue 07-Sep-04 11:54 AM |
Fear of violence in the home will extend to communal areas of a block of flats or the gerden of a house, but it will not extend to the road outside see para 16 of CIS 543/1993
!In paragraph 4(6)(a) “dwelling” must be interpreted in accordance with the meaning given to the phrase “dwelling normally occupied as the home” in regulation 2(1) of the Income Support Regulations . Thus the dwelling may extend, for instance, to the garden of a house or the common parts of a block of flats. However, it cannot extend to adjacent roads or areas to which any member of the public has access in that capacity."
If the threats are from neighbours and she feared that the burglers may have inflicted violence, then there is a good case for showing a fear of violence in the home.
You do havwe a problem over intention to return as the there is some authority for the premise that the intnetion should be unqualified (see CIS908/1992, CIS484/1993)
I would seek to distinguish those cases by arguing that they were not decided in the context of fear of violence, and it is not possible to show an unqualified intention to return when in such fear.
|