Tenant allows ex-partner to live in property. Ex-partner is a non-dep on tenants HB claim. Ex-partner assaulted tenant, was arrested and left the property.

If tenant had notified HB at the time then ex-partner would have been removed as non-dep. Straight forward, yes?

However tenant, due to other circumstances, failed to notify HB until six weeks later, at which point ex-partner had moved back to the property.

HB refusing to backdate change of circumstances (removal of non-dep deduction) The letter says

"...whatever the intention was at the time ex-partner left the property, he was only absent for 6 weeks, which we consider to have been a temporary absence"

They can only come to this decision because they were not informed of the change of circumstances at the correct time so am I right in thinking that if we can establish good cause for the late notification of CofC, they cannot argue that it was a temporary absence as that information would not have been available to them?

I think I can establish good cause (ill health, disabled child, domestic violence!) so am I missing something that would prevent an appeal from possible success.

Hope I've made sense, tried to keep it as clear as possible.

TIA

Thu 01-May-08 09:20 AM by jmembery

I am afraid there are two issues that you will need to address.

Firstly, and perhaps most straightforwardly, was this a temporary absence?

By the look of your post when the husband left the property it was intended that the absence was permanent, and it was only later that things changed and he returned. I think you have a good chance of arguing that as TAS.

Secondly, was it "a beneficial change not reported within one month"?

A non-dependent moving out was certainly a beneficial change and, from how I read your post anyway, it appears it was not reported within one month. The beneficial change therefore only then applies from when it was reported, by which time the husband had moved back in to the property anyway. If that is the case then the non-dep deduction would still fall to be made over the 6 weeks the husband was absent.

But if I can argue that she had good cause in the late notification of a beneficial change (reg 9, hb& ctb (da) regs - is that right?) can the CofC be backdated then?

i'm slightly surprised that they are accepting husband is a non-dep - does the question whether they are a couple arise?

There doesn't appear to be any issue of LTAHW. There is a disabled child and I believe the couple share the care, hence the ex-partner remaining in the property. It has been on-going for at least two years.

"But if I can argue that she had good cause in the late notification of a beneficial change (reg 9, hb& ctb (da) regs - is that right?) can the CofC be backdated then?"

Yes but only on Jmembery's proviso that the absence was not temporary.

Which, at the time the ex-partner left, it wasn't.

Great, thanks every one. Just wanted to make sure I wasn't missing anything. I was confusing myself (easily done, I hasten to add)