I've mentioned this before but don't think this particular issue. I have a husband and wife both claiming as incapable. He was awarded IB and she the IS top up.

A transcript of a police interview as a result of investigations of money laundering indicates him doing a bit work - in his words "bit of this, bit of that" -ebaying, buying and selling cars and parts, copying DVDs etc.

SoS decision that he is not incapable as he's been working. No decision on undisclosed income which we would have been more difficult to prove as he's admitted a bit of profit from selling cars.

He has IB and HB ovepayment appeals and she has IS appeal all to be heard this Friday.

Grounds for his IB appeal based mainly on de minimis principle and SoS failure to provide any evidence themselves apart from police transcript.

In both appellants' Facts of Case the SoS says "the dept received a referral from the police alleging (Mr) was working. Serious threats were believed to have been made against the police and the dept was advised against conducting it's own interviews under caution".

DWP has not provided any proof that the police advised them not to investigate. The police are not proceeding with their investigation and there are no charges, not even in relation to these so called "serious threats" to them.

Has anyone come across this before whereby they've not carried out their own investigations ? Additionally does anyone have any handy hints for my submission. I know it's getting late but these are the types of files which keep getting shufffled about desks.

I'm thinking I should only send in a submission for his IB appeal because if this is successful then there won't be any overpayment of HB for him or IS for her (until of course the DWP then decide on other grounds ie undisclosed income).

Are you saying that this only appears in the submission, and there are no relevant documents in the papers?

In my view this would not be evidence if so. For all you know, it could have been included in error in word-processing, adapting a submission in a previous case to your clients' cases. Hand up all those welfs out there who have never seen a submission with wrong names, dates, benefits, case-law etc in it? Hmm, thought not.

The submission is often not signed. It is generally prepared fromm someone else's notes. No-one is vouching for its genuineness or for personal knowledge of anything mentioned in it. If the Dept want to rely on anything in the subs which is not supported by evidence then they can bloody well produce the evidence. Or you could ask the Tribunal to ignore it, since there is no evidence and it is just an unsupported statement.

No sorry if it wasn't clear. A copy of a section of the police transcript are with the sub but nothing else.

Am I right to suggest they should have included some paper evidence of the alleged police warnings about the serious threats paticularly in view of the police not charging the client with any offence? It all seems a bit far fetched.

i think you are right. the provision of written evidence from the DWP or the Police is not too much to ask for. i am wondering why the Secretary of State would think it is ok to ask a Tribunal to confirm a decision relying on smear...
thanks to radio 4, i've realized that my bewilderment is due to my age...

That's me - a bewildered grumpy old woman, muttering to myself and also occasionally humming in the street. There's no hope.

: ) i know...and we don't even own the copyright on the cctv footage...