Information to support a claim ...

Hello all !
Have a cl who is a traveller, her husband passed away last September and she had to reclaim HB, on the form she stated her son lives with her when in fact he only stays 3 - 4 nights per month.  Cl cannot read or write.
Now, MBC are stating they will noy pay her HB until she discloses where her son is staying when he is not at hers ...
Can this be right ?
My cl has stated she does not know where he stays and he won’t tell her ...
Any thoughts etc ???

The address of the non-dep isn’t directly relevant; all that matters is whether he “normally resides with” the clmt (per HBR 3).  In other words, the focus should be on the address in question - see CH/3016/2005 (paras 15-16) and CH/3307/2008 (heard with CIS/3305/2008) (para 19) where that very principle was considered.

Further, a clmt cannot be expected to provide info or evidence s/he does not have - see R(H) 1/09 and CH/0978/2009 (para 22) where that principle was considered.  Also, in CH/0163/2003 (para 16), it was found that being required to provide evidence of a negative was inconsistent with legal policy (I assume the word policy means “construction” in this context).

Of course, if the LA has (good) reason to doubt the claimant’s statement(s), the LA is then at liberty to draw inferences.  Inferences must be reasonably based (e.g. CH/0048/2006).