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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Child witness aty a tribunal

Anne Higgins
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Welfare rights officer - North Lanarkshire Council

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Joined: 17 June 2010

I have a case where rival claims have been made for Tax Credits.  One party states got child 4 nights a week but in actual fact it is only three nights.  The child does not want to go there but residency order made unknown to other party..  Can a child of thirteen be a witness at a tribunal.  ( Not my idea but parent seems to think child would be a reliable witness)

Jane OP
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The National Autistic Society, Welfare Rights, Nottingham

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nevip
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Welfare rights adviser - Sefton Council, Liverpool

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I see nothing wrong in principle with this.  I did a Child Benefit appeal many years ago, prior to the enactment of the new procedural rules (a tribunal in those days could not compel witnesses to give evidence), for a woman who claimed CB for her 15 year old granddaughter who was living with her informally.  The mother had claimed she was living with her.  The girl came to the hearing but waited outside.  The tribunal asked her during the hearing if she didn’t mind coming in and answering a few questions.  I had no objection.  The girl was treated appropriately and cogently confirmed her gran’s evidence in its entirety.  Appeal allowed.

However, caution should be exercised in your case because the other party can be joined to the proceedings, particularly if the tribunal is minded to formally summons a child to give evidence, for obvious reasons.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Judge Jacobs provides some very useful discussion of the matter of child witness in JP v Secretary of State for Work and Pensions (DLA) [2014] UKUT 0275 (AAC) CDLA/0643/2014

[ Edited: 18 Jul 2017 at 05:14 pm by Stainsby ]

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