Long standing friends and when both their respective relationships ended my client eventually began lodging with this woman friend for number of reasons -mainly incapacity - undiagnosed convulsions etc. She's not a carer as she works FT. He gives her £25 pw towards utilities etc. Case reviewed by BA in past and even though this was one bed flat BA accepted no cohab. His friend then got 2 bed flat and they moved together but situation still same. IS withdrawn after latest review. Reasons are that this temporary arrangement has gone on too long and furthermore because she has not inceased my clients contribution towards household bills they say there is an element of financial support. Any details of caselaw re friends living together would be gratefully received.
Cheers
Sue

In terms of case law, the "Butterworth" and "Robson" cases, and R(SB)35/85 and CIS 87/1993 outlined in the commentary to sec137(1) of the SSCBA in Volume II of Social Security Legislation (2003edition, pages 25 to 26) may be useful.

Commissioner Howell's decision in CIS/2559/2002 is also very useful in holding that in the absence of there ever having been a sexual relationship there must clear evidence to rebut a claimant's contention that they are living as more than friends.

You may want to argue that for the DWP to revise their decision they must first show there has been no change of circumstances since they last looked at the situation and therefore no grounds to revise their original award decision. This has worked for me on many occassions. Good Look

Sorry it should read a relevant change of circumstance has occurred

Thankyou for your responses. TAS agreed an expedited hearing and the appeal was upheld end of last week.
Sue