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Top Housing Benefit & Council Tax Benefit topic #8191

Subject: "relevant change of circumstances" First topic | Last topic
SimonMee
                              

Welfare Rights Officer - Community Care Team, Nottinghamshire Welfare Rights Service
Member since
05th Feb 2004

relevant change of circumstances
Thu 09-Jul-09 01:51 PM

Hi folks,

I vaguely recollect a court decision or commissioners decision that found that a person does not have to report a change in circumstances that will not change their entitlement to benefit but can't find any reference to it.

If you can give me a reference that will be great, if I've been dreaming it up all along please tell me gently!!!

thanks

  

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Replies to this topic
RE: relevant change of circumstances, jaykay, 09th Jul 2009, #1
RE: relevant change of circumstances, SimonMee, 09th Jul 2009, #2
RE: relevant change of circumstances, ariadne2, 09th Jul 2009, #3
RE: relevant change of circumstances, Kevin D, 10th Jul 2009, #4

jaykay
                              

adviser, penwith citizens advice bureau
Member since
15th Dec 2005

RE: relevant change of circumstances
Thu 09-Jul-09 02:27 PM

The relevant decision is available here:

http://www.bailii.org/ew/cases/EWCA/Crim/2007/2053.html

JK

  

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SimonMee
                              

Welfare Rights Officer - Community Care Team, Nottinghamshire Welfare Rights Service
Member since
05th Feb 2004

RE: relevant change of circumstances
Thu 09-Jul-09 02:38 PM

Thanks

Your a star

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: relevant change of circumstances
Thu 09-Jul-09 06:28 PM

The thrust of that decision is perhaps slightly different from the question. Note that this case came from the Court of Criminal Appeal. You cannot commit social security fraud by failing to disclose something that would not have had any effect on your benefit anyway, even if you thought it would and so were deliberately concealing the fact. This is in line with general criminal law cases in the esoteric field of "impossible attempts" - ie, you try to commit an offence which is in fact impossible (like trying to murder someone who is already dead).

However in basic social security law there is only a duty to disclose a "material fact". A material fact is one that matters in relation to your benefits. If you are absolutely certain that the change cannot affect your benefits at all, then you are under no duty to report it. You had just better be right.

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: relevant change of circumstances
Fri 10-Jul-09 06:14 AM

King v Kerrier DC may also be of interest:
www.bailii.org/ew/cases/EWHC/Admin/2006/500.html

  

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Top Housing Benefit & Council Tax Benefit topic #8191First topic | Last topic