Ken_Butler
Welfare Rights Caseworker, Leytonstone CAB, London E11
Member since 04th Feb 2009
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RE: Urgent - DWP links with/obtaining information from Home Office
Thu 12-Mar-09 01:00 PM |
Thu 12-Mar-09 02:09 PM by shawn
(Edited to shorten link)
Not sure if CPC/1872/2007 is useful.
In brief, at issue in this appeal was whether the claimant was excluded from benefit because she was given leave to remain as a result of a maintenance undertaking.
Citing the approach taken by the Lords in Kerr , Commissioner Bano holds that the DWP had not played its part in the investigative process, since -
'... the responsibility for obtaining the information necessary to decide what part the sponsorship undertaking played in the decision to grant the claimant leave to remain lay squarely with the DWP, rather than with the claimant. Those representing the claimant no doubt made all manner of representations on her behalf to the Immigration and Nationality Directorate, but in the absence of anything like a reasoned decision letter they could hardly be expected to know which considerations had in fact weighed with the decision maker in granting the claimant leave to remain. If the claimant was required to prove entitlement to benefit, she would have to prove a negative by showing that the maintenance agreement given by her daughter was not a factor in the decision to grant her leave to remain outside the Immigration Rules.'
There is a summary of CPC/1872/2007 in briefcase.
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