separation unlikley to be permanent

Just had a tax credit appeal living together outcome, refused on grounds that although 2 parties living at separate addresses since 2013 the ‘separation is unlikely to be permanent’  has anyone experience of these outcomes ? and any successful appeals to UT

?  ask for SoR etc, should help you find out why they decided that….....and then you can tink about appeal on error of law if there is one.

It’s the sort of issue that’s going to be very fact-dependent, but see R(TC)2/06 for a case which deals with it:
http://www.osscsc.gov.uk/Aspx/view.aspx?id=1952

18. While each case must turn on its own facts, it is important to bear in mind that married couples do not separate unless there have been serious problems in their relationship, or other problems, such that continuing to live together becomes unacceptable for at least one member of that couple. Before any conclusion can be drawn other than that the separation is likely to be permanent, the tribunal must consider why the separation has occurred, and what indications there are that the couple may be reconciled. Even then, after balancing those indications against any contra-indications, the tribunal must conclude that there is at least a 50 per cent chance of a reconciliation before it can conclude that a single claimant and his or her spouse are to be treated as a married couple. It is unlikely that such a reconciliation will occur before the parties have taken steps to deal with the problems that led to the separation in the first place, and have actually begun the process of arranging to live together again. A tribunal should be slow to differ from the claimant’s own genuine assessment of the likelihood of a reconciliation, although, of course, that is a subjective assessment and the tribunal is not bound by it.

Many thanks Claire and Jon, most helpful. any more info please keep it coming