Hello all

Client was claiming Income Support as lone parent. Her ex-partner is in the army, they have daughter together, so he tends to stay with her when on leave from army, so he can see his daughter, but does occasionally stay with his mother instead. They do not share finances etc.

Client has had income support withdrawn and overpayment as BA say they are living together as a couple. The time they spend living in the same accommodation is not very regular, but I suppose the BA aguement would be that they would spend a similar time living in same accommadtion if were living as a couple because he would only be there in leave periods anyway.

Any thoughts on how to tackle this, woudl be appreciated.

As always these kinds of cases are questions of fact. Things to consider are: whose name(s) are the bills in? Where does he keep his belongings (or the bulk of them)? Where does he get his mail sent? Is he on the electoral roll and if so, at what address? Where does he sleep when staying with her? Is the council tax in her name only? Is he registered for CT anywhere? Is there any evidence that they pool household finances? Is there any evidence that he pays child support? Get documentary evidence where available to verify their claims and get written witness statements from him and his mother.

This list is illustrative and not exhaustive and remember the burden of proof is on the Department to prove that they are LTAHAW and not on her to prove that they are not. It matters not that they share accommodation the question is do they share a common household. Even if they do, that factor alone is not conclusive in proving they are LTAHAW but if they do not share a common household then that factor alone is fatal to the assertion that they are LTAHAW.

Hi,

In addition to nevip's points above, as an ex-army wife I thought it might be worth exploring the following...

1) Your clients boyfrien will have his own accomodation 'in the block' (military accomodation) for which he will have rent deductions made directly from his pay - which will be detailed on his monthly pay statement.

2) Military personal are usually required to pay a contribution in lieu of council tax (CILOCT) this will also be shown on his pay statement.

3) He also will have food charges deducted - again see the pay statement.

You should argue that he is a guest of your client as his has his own home, for which he is liable to pay rent/council tax and that he maintains accordingly.

Hope this helps,
Chaos

Re: Point 3 - this no longer happens (well not for my Son anyway) the Army decided that Soldiers should be responsible for paying for their meals as they go. I think they thought it would encourage them to budget.

It doesn't!

Why doesn't that surprise me.....
So we will now have well fed soldiers for the first couple of weeks of the month and hungry boys till pay day.

Got it in one

Think they're keeping pot noodle manufacturers in business!