My client- who speeks little English and cares for her husband who has major mental health problems- Came to me a few months ago.

She seemed to have forgetten about what had happened. However in the summer of 1999 her brother in law was staying. He was actually on Income Support.

The proof that the Council Sent that the brother in law was there was actually a receipt for proof of income support for the brother- dated 29 July. However Islington Council say that this proof could not be acttioned until the following week 9th August.

It also seems that the claim form had mentioned that the brother in law was on Income Support.


Is there anything that can be done - remembering that this goes back to 1999?

I would ask for an any time revision on grounds of official error (mistake as to the law).

The mistake as to the law is that the brother in law is not a non dependant if he was staying there only as a temporary guest (see CIS14850/1996)

The other mistake as to the law is that even if you did accept that the brother in law was a non dependant:if the non dependant moved in and was awarded IS on 29 July 1999, then the non dep deduction should only become effective from 2 August 1999 (HB Reg 68(1).) Of course the IS deduction would apply from the outset.

You are at the mercy of the Council with an any time revision, so I would ask for copies of the original decision letters, go through tehm with a toothcomb, and if they are in any way defective (ie do not comply with Sch 6 of the HB Regs) you can get your clients appeal rights re-opened since the time limit only starts when a decision is properly notified (CP4479/2000)