I have a very complex case regarding the above and a very large amount of potential overpayment if I do not get this right. (£30,000)

I am not overly worried about my own abilities but feel that the Tribunal will be persuaded by information regarding the fact that although the appellant's ex boyfriend has never really stayed with the appellant he has used her address to gain credit and have mail delivered there.

On the point of the credit there are strong arguements to show why he did not use his present address (which incidentally is the home of the appellant's parents). The parents had previously been taken in by a member of their own family over credit and their address is now 'blacklisted'.

However, the boyfriend also named the appellant as his next of kin at his place of work. The appellant also has a child to the ex-boyfriend.

The DWP have made no attempt to contact the appellant's parents to ascertain:

a) Whether or not the ex-boyfriend is staying with them and for how long.
b) To have the question of the credit issue resolved one way or the other.

The advice I am looking for is centred around the issues of using someone elses address for purposes of gaining credit facilities and to receive mail. I cannot believe that this should be enough circumstantial evidence for the tribunal to find in favour of the DWP.

Any comments or advice would be greatfully received.

Thank you.

David Daglish
Advisor.
CAB Coatbridge.

I did an appeal abut 18 months ago where my clients boyfriend had a phone installed in his name at my clients address. It was not fatal to the appeal and the Tribunal acepted that the reasons for this is that my client could not obtain credit (including a phone) in her name and that he had helped her out.

He stayed up to 6 nights a week, but his normal address was with his parents. I got his mother to provide a written statement to the Tribunal confirming this.

The appeal centred on the issue of whether or not the relationship was stable enough to be akin to a marriage, and also whether or not the boyfirend had joined her household. If he had not (and the Tribunal accepted that he had not) then the couple could not be living together as husband and wife.

If you give me a fax number or email address, I will send the submission to you (suitably modified to preserve confidentiality)

Thanks for the info. My email address is:

david.nilrem@btopenworld.com

Dave Daglish
CAB Coatbridge.