ESA refused - questions over ex-partner in household

Hi

Looking for any help/advice - i have a case where my client has severe physical and MH issues.  Her only income is enhanced rate PIP as the father of her son moved into the property to help her care for him and provide support for her.

The DWP completed a joint investigation a few years ago with Revenues and they each came to a different conclusion.  My client was unable to attend the interview under caution as she was too upset and was nearly sectioned under the MH Act.  The DWP found her guilty of having a partner and she has £82k of debt (but not classed as fraud) and Revenues determined he is there but is classed as a non dependant.

My client has always been honest and stated he has been there but they have no ‘couple relationship’ - an ESA claim was completed before i got involved, compliance visit was carried out with CPN also present and eventually her claim was refused.  Mandatory Reconsideration submitted with supporting evidence from CPN and again this has been refused.

My client is now self harming and been threatened of sectioning under MH Act.  She stated she is struggling to cope with all the stress and PIP, CTC and CB is her only income.

Her son’s father (the non dependant) pays for the gas and electric and also Sky for his son as he works full time and to be honest, she cannot afford too.  They do not eat together, he has his own room, has had girlfriends in the past and there is no physical relationship.

Any advice/recent rulings that i can look at before considering an appeal?  I am aware that my client may decide not to pursue due to her MH.

Thanks a lot

This sounds almost identical - except for sectioning - to a case I came across recently. Someone’s ex-husband moved in with her; she already lived with their son. She was in a same-sex relationship with someone else. First, HMRC suspended her tax credits pending further information, so I advised her to obtain all possible evidence of account in her name and so on, which I faxed over and the benefit was reinstated. Some months later, JCP suspended his benefit for the same reasons. As she was dealing with his affairs because he was too unwell to deal with it himself, she brought in all the evidence and the benefit centre said that it would de-suspend the award and refer the matter to compliance, which it may have done but nothing came of it.

I’m waiting for the next time this comes up!

Sorry, as my case was dealt with through sheer force of will, I don’t have any cases to cite. Which decision are you appealing? If so, are you in time?

A few years ago I had a case of an overpayment as husband and wife were living together.  Took it to appeal and won!  Panel accepted they were living a completely separate household based on a number of arguments like, separate bedrooms,  food cupboards, no sexual relationship, etc etc.

Have had similar case which was resolved with local MP support. Not much help but your client could claim carers allowance ( not mentioned in income details).