i have a client, she's a young lone parent with one child, living in council accommodation. she used to recieve income support. her cousin came to stay with her on a temporary basis (he was homeless) until he finds somewhere else to live. he claimed JSA and had someone come out to check his claim. during that visit the client was also interviewed and was asked if her cousin was her partner. she obviously replied no but did tell them that she does have a partner but they don't live together, he lives with his parents and pays bored etc. to his parents. her partner may stay the odd night in the week but he does live with parents.

my client was told that even if her partner stays the odd night or 2, it's classed as if they are living together and that she'll have to stop claiming as a lone parent and claim as a couple. she was also made to sign a letter stating something to that affect ( we do not have a copy of this letter to know what the client agreed to).

her income support stopped giving reasons she has a partner and he works more than 24hrs a week.

i've looked through CPAG and disability rights handbook to check this odd days staying over but can't find anything. does it state anywhere that you are treated as a couple if you do stay over the odd night or 2?

the other thing i'm concerned about is say for example its accepted her partner does not live with her, can him working and earning have the same effect to her not being able to claim income support because she does have a partner who works even though they don't live together.

what other usful information could i use to put a case together for this client.

any help is appreciated, thanks.

You won't find anything which specifies how many nights someone can stay - there is no legislation on this point.

I suggest you start at page 811 of CPAG and read to page 818, paying particular attention to page 815 about challenging a living together decision.

This is just the start!! There is plentiful caselaw out there on this point.

The decision should definately be appealed.

If your clients appeal is successful the fact that her boyfreind works will be of no consequence.

Castle

If your client manages to show that she is not living with her partner (and it certainly sounds as if she has a pretty decent case) then she has nothing to worry about. The fact that a claimant has a boyfriend or girlfriend who works but lives elsewhere has no bearing on her/his entitlement to benefit.

the term 'partner' is defined for income support purposes in reg 2 of the IS (Gen) regs as "where a claimant is a member of a married or unmarried couple, the other member of that couple."

"unmarried couple" is defined in section 137 of the Social Security contributions and Benefits Act 1992 as - 'a man and woman who are not married to each other but are living together as husband and wife..."

a partner is a member of the same household. this entails living at the same address.

the word partner is now in common parlance, but its popular usage is fairly loose. your client appears to use it interchangeably with the word 'boyfriend' - there are always problems with these words, but 'boyfriend', as described by your client to the visiting officer, does not mean the same as 'partner', for social security purposes.

the visiting officer's claim that even if he stops the odd night or two it is classed as living together, is false, as the VO should know.

at least your client has a decision to appeal against. I've seen cases where a statement is obtained 'voluntarily withdrawing' the claim, so no decision is required.

your client's evidence is that she has a boyfriend, who lives with his parents. he stays overnight sometimes, but does not live with her.

no trained decision-maker could properly base a living together decision on that evidence.

and since your client has been awarded IS, the responsibility of establishing L/T is on the DWP.

although it sounds as if you have a good case, should it go to appeal, an appeal doesn't always offer the best remedy, since it can take in excess of two or three months, a period in which she is left without money. this isn't as bad as it once was, if she is getting CTC, but she could still be in severe financial hardship...?? if so, it would be better to seek an urgent revision of the decision.

i'd advise you to get a detailed account from your client of what took place during the visit, (which was to her cousin originally, right?) If you are confident that her evidence is reliable, you could consider combining the urgent revision request (summarising your client's circumstances, stressing what needs to be stressed) with a complaint about the removal of benefit in the circumstances you have outlined.

you are entitled to a copy of the statement she signed, and an explanation of the living together decision. it should be made on a form A6 (LT), but if a flanker along the lines of "I realize I am not entitled to income support because I have a partner who is in full time work" has been pulled on her, then a short cut may have been made, bypassing the A6(LT)decision. in which case, i suggest you adopt Dave Lister's strategy when faced with the polymorph...

jj



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You might find Commissioners Decision R(SB)8/85 helpful - it is on rightsnet somewhere. I have used this decision, successfully, in a Housing Benefit op case. Basically you can't be in two places at the same time.
Your case may be a bit trickier because he lives with parents. But if his employers, bank etc have his parents' address as his contact address you are surely on to a winner.

Commissioner Decisions re definition of an unmarried couple,include the following (all should be on rightsnet)

cannot include person under 16 - CFC/7/92

changing nature of relationship - CP/8001/95

criteria - R(G) 3/71 R(G) 3/81 R(SB) 17/81 R(SB) 35/85 CIS/7249/99

general nature of the relationship - CIS/87/93

sexual relationship factor - R(SB) 17/81 CIS/87/93 CIS/7249/99

Membership of the household
effect of separate liability to pay - R(SB) 13/82

meaning of does not intend to resume living -
CIS/508/92 CIS/484/93 CIS/13805/96

meaning of household - R(IS) 1/99 R(SB) 4/83 CIS/671/92 CIS/72/94 CIS/4935/97 CSB/463/86
moving between households and - R(SB) 30/83 R(SB) 8/85

temporary absences R(SB) 19/85

thanks to all for your help. i have requested a copy of the statement the client signed. also discussed again with the client what actually happened on the day. she can't rememeber what was written in the letter but she did sign to agree to withdraw the claim because she does have a partner who works f/t.

also partner's contact address is his parents as well as all bank, employment details etc.

now its just a matter of waiting for the decision.

thanks, amina