I also have a client who falls foul of PC act Sched 5 para 4.
I appealed on the basis that this was ultra vires and included the HB/CTB A27?2004 which was the HB circular which dealt with this issue. However, the circular only deals with the wider family issue i.e. close relative but does not deal with the issue that only "single claimants" qualify for second property disregards. The first tribunal was adjouned in order that the DWP could provide a further submission. The second tribunal was heard by the Full Time chair and was refused. However, the chair does comment on the possibility that the reg could be ultra vires. I am currently requesting leave to appeal to the Commissioner.
I have background info regarding Parliamentary questions etc. if you would like anything I could post them to you. There are too many to fax.
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