Liz, its difficult to say without seeing the evidence. The only evidence you can agree is the evidence that points to your clients ex living at his address. The DWP/HB will dispute your evidence that disproves their case.
You need to go through the Co-hab checklist and provide evidence/proof that your clients ex is living somewhere else and they are not acting as or seen as a couple. The burden of proof is with the DWP/HB - even if his gas/electric bill is low usage, what is the reason for this ? am assuming all bank accounts are seperate and no interaction of accounts - am also assuming that he has access or vists to your clients home poss to see the children. Who is the person who reported your client, what reason is there for this ? is it malicious or jealasy ? Normaly those who report people to the DWP/HB have an agenda and their details are never given. if the Judge has called them to the hearing as a witness, he must have some doubt - what does their statement say.
I know am asking a lot of questions, but cant answer yours without knowing what their case is made up from.
Col
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