IS living together overpayment

As a starting point have a look at CIS/2127/2010.

I don’t think that quoting case law particularly makes a difference in this area. In general, tribunals that deal with living together decisions would probably feel that they are fully aware of relevant case law because it is so well established. Certainly, you won’t find a case to my mind that you can quote, and that will have a tribunal rushing to allow the appeal.

What you have done seems to me to be the best thing that you can do - analyse the evidence and point out weaknesses. Obtain evidence (witness statements) that will support your client’s case. Be rigorous when asking your client about the DWP’s evidence - most tribunals will be looking for consistent, credible explanations. Ultimately, unless the DWP evidence is extremely weak, the credibility of your client is the most important thing.

I completely agree – for experienced advisers, who have done these cases before, who know the evidential issues backwards, who have access to the law books (and, importantly, the commentary to the regs) and who are experienced and confident enough to be able to rely solely on oral submissions at the hearing should they choose to do so.

But for an adviser doing a case for the first time and who is nervous, it cannot hurt to have something which summarizes the issues, however briefly, (in this case, membership of a household) and provides the adviser with a bit more knowledge and confidence.  It cannot hurt in a situation like this but as you say it shouldn’t detract from the main issues, the credibility of the appellant and the consistency of the evidence.

I’ve come across similar cases several times and the appellants have generally won. If your client’s evidence is compelling she stands a good chance.
In one case I did there were lots of insurance applications and similar where the “partner” had to say how long he’d been at the address which he was using to have his post sent to. It was interesting and instructive to compare them and made it absolutely he was a lying toad.

I ran a very similar case very recently (appeal- successful- was heard yesterday in fact). I agree with everything stated so far (with these cases, the evidence tends to be circumstantial on both sides so if client comes across as credible it is half the battle won) but it’s also worth considering inviting third parties to attend the hearing as witnesses in addition to producing written statements. My client brought a family member, a close friend and her ex partner with her to the hearing and their oral evidence (especially the ex partners evidence) was extremely helpful.

Yep, Dan, that’s the general picture - there’s no other address to pin him to, though I’ll have a good go.

Thanks for the advice everyone, much appreciated.

crazyfeminist - 28 September 2011 01:24 PM

Yep, Dan, that’s the general picture - there’s no other address to pin him to, though I’ll have a good go.

If the “alternative address” becomes an issue, there are a couple of CDs where it was made clear there is no requirement to identify another address.  All that matters is the address in question.  CH/3307/2008 (decided with CIS/3305/2008) and CH/3016/2005 are the cases referred to - the former case was about LTAHAW,

The ex partner of the client I mentioned has been sofa surfing for nearly 4 years but the appeal still succeeded. It really does depend on the facts of the case and the credibility of the client/witnesses.