Client had visit from JC+ in Nov 2006 to review IS award. JC+ letter Dec 2006 stating IS stopped from Dec 2006 . Client has now been issued with IS O/P notice dated April 2007 from Debt Management-this states O/P occured due to "..change in household circs.." . Have appealed and statement of reasons says O/P resulted " ..because on 5th Dec 2005 , or as soon as practicable after , (client)failed to disclose the material fact that(client)was in a civil partnership." O/P has been backdated to Dec 2005 . Client + partner ' live together as civil partners ' but no registered Civil Partnership . Both client and partner were not aware of consequences of 'CP ACT'. My colleague seems to think the DWP issued an internal memo at time Act introduced re: how to implement Act especially in regard to O/P. Does anyone have a copy or know where to find it ? We have appealed the decision and are now looking at grounds . Has anyone successfully appealed such a case ? Any advice or guidance would be gratefully received .

the act does now allow the DWP etc. to treat gay/lesbian couples as being in a civil partnership even if they have not actually entered one formally - same as LTAHAW. i wouldn't have thought your client stood much chance - if any - on appeal....

Have a look at this.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=2589&mode=full

and i see i contributed to that as well.....in different terms.

the difference being, the length of time since the law was changed....good luck with it, but i suspect it might be difficult now...

Thanks Claire and Nevip - I'll let you know the outcome

You might want to have a look at HB/CTB Circular A16/2005, which stated:

"For the DWP administered benefits, the new rules will be applied from the first intervention on or after 5 December 2005. By intervention, we mean any action, which results in DWP having to intervene in the case (normally a relevant change of circumstance) or any matter which causes the Secretary of State to look at the case on his own initiative. DWP will assume that it was reasonable for the customer to report their circumstances at the time of the intervention and not earlier, unless there is a good reason to suspect otherwise. Recovery of overpayments raised in these cases will not generally be pursued."

It might also be worth pointing out to a tribunal that the DWP took the decision not write to claimants individually advising them of the new rules, relying instead on a rather poorly distributed leaflet entitled 'Getting it Right' which of course your client may, or may not, have seen.

A change in the law is not a change of circumstances. There they were just living together before the law changed and there they were just lving together after the law changed but their circumstances weren't any different. However if someone started living together for the first time or entered into a civil partnership then that is a change of circumstances and needs to be reported. Same like opposite-sex couples.

that's a good thought ariadne.... i would anticipate that argument going to commissioner at least though...

I thought I would update all who contributed to my original post . In April 2007 we put a one line sentence on the GL24 " ..my circumstances have not changed.." and sat back and waited .

I have now been informed by my client , somewhat belatedly as he was abroad for the winter , that he received a decision notice in November 2007 stating , on reconsideration the decison has been changed and the O/P £ 6,600 is not recoverable . The reason : ".. that ( the client ) has always declared the fact that he was living with xxx as his partner and the subsequent overpayment is due to an official error.." .

Thanks to all who contributed to my original post .

Nice one, well done, and glad that my pessimism was unfounded. i hadn't thought as laterally as clearly i shoudl have done!