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Forum Home  →  Discussion  →  Housing costs  →  Thread

Overpayment oF HB due to non-dep charge.

Jeanette M
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WRO/MA, Glasgow City Council,North PACT Team

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Joined: 18 June 2010

Im looking for a little guidence with this case.My client allowed her mother to use her address as a postal one for her Incapacity Benefit. LA have now informed my client that they are treating her mother as staying there and have applied a non-dep charge from 2007. The mother has never resided there and has written a letter to that effect. I have appealed the decison but the non-dep charge is still being applied currently. Should we submit a new claim, but this will only show the same details as the curent claim. Obviously this is adding to the rent arrears already caused by this retrespective decision.

Ariadne
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Social policy coordinator, CAB, Basingstoke

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What is the mother’s actual address and can you provide proof of that?

Jeanette M
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WRO/MA, Glasgow City Council,North PACT Team

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I think mother is actually staying with a partner but obviously not declaring this. My client doesn’t know her actual address as all contact takes place via her grandmother.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Living with a partner has no effect on the mother’s incapacity benefit, but if her alleged partner is claiming means tested benefits, it will afect them (and the partner may be making a fraudulent claim but thats another matter)

I can see no alternative but to go through with an appeal, and just tell it as it is, and argue that the burden is on the LA to prove that the mother is normally residing with your client.(see CH/3961/2007)

“Normally residing” has connotations of permanence (see CIS/14850/1996, CH/3935/2007)

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