HB refused due to claimant’s inability to provide former address details for one occupier

11 May 2011, 10:46 am

suelees
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Social Welfare dept, Stephensons Solicitors, Leigh

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Client’s estranged wife recently moved back in to claimant’s property for convenience only

HB refused for a period prior to her moving back in as he has been unable to provide her former address. She has told her husband she was in a safe house and refuses to disclose details.

I’m sure I’ve seen some caselaw that such decisions are unreasonable.

Is anyone able to point me in the right direction please?

11 May 2011, 11:50 am #1

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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And LAs think UC would be better in their hands? Pfft!

Whilst an alternative address “B” *may* be helpful as evidence to show someone was not living at the address “A”, there is no legal requirement to provided such evidence. Cmmrs/UT have consistently observed that what matters is whether there was occupancy, or otherwise, of address “A”. CH/3016/2005 (paras 15-16) and CH/3307/2008 (para 19) should assist. I’m not aware of any contradictory authority.

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CH 3016 2005.doc (File Size: 54KB - Downloads: 2407)
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11 May 2011, 01:16 pm #2

suelees
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Social Welfare dept, Stephensons Solicitors, Leigh

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you beauty !

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