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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

person staying overnight

dizzymare
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Welfare benefits adviser - Dudley MBC

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Total Posts: 318

Joined: 18 June 2010

Good morning

Just wondering what peoples views are on a current situation that has cropped up with a compliance officer:
we have a young lady who lives alone. she has a boyfriend who lives separately and has his own address. He stays overnight regularly. However, he doesnt live there and maintains his own address. I think when he stays it may relate to certain shifts at work as it is more convenient. The lady has been interviewed by a compliance officer (over the phone) and issued with a statement to sign. The statement says that she will report each and every time that her boyfriend stays to DWP.

We have spoken to the officer of the DWP concerned, as this seems excessive (and possibly an infringement of privacy) the officer insists that it must be reported as this is a change in circumstances. I disagree. BF is not joining her household and they are not LTAHAW so why does this need to be reported?

we have checked on .gov and someone staying overnight is not a change of circs listed there for claimaints to be aware of what they have to report.

We have looked at claims and payments regs 1987 which seemed to refer to a reasonable understanding that a change may affect benefit, but this has been replaced in 2003 by:

Information to be given and changes to be notified
32.—(1) ... every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and as the Secretary of State may determine and within the period applicable under regulation 17(4) of the Decisions and Appeals Regulations such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998(a) or superseded under section 10 of that Act.
(1A) Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require in connection with payment of the benefit claimed or awarded.

My thoughts are to cross out the part on the statement which states that I know I must report each and every time my BF stays overnight and amend it to if we form a relationship of co-habitation or words to that effect. It just seems excessive to me (but am I over reacting? ive never actually seen a statement worded like this before)

thank you

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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I’d be making a complaint about that. It’s outrageous!

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Dan Manville - 11 December 2018 11:45 AM

I’d be making a complaint about that. It’s outrageous!

I’m with him. That’s just subjective, prejudiced nonsense which far exceeds what the law allows.

ClairemHodgson
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Solicitor, SC Law, Harrow

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Mike Hughes - 11 December 2018 12:50 PM
Dan Manville - 11 December 2018 11:45 AM

I’d be making a complaint about that. It’s outrageous!

I’m with him. That’s just subjective, prejudiced nonsense which far exceeds what the law allows.

indeed.  people on income related benefits are allowed to have relationships without being censored/having to report every meeting to the DWP.

my only underlying worry - as i’ve seen it happen before, as have we all - is that they then make a LTAHAW decision and put your client to a lot of unnecessary grief…..

particularly if this is the fraud team we’re talking about ,as we all know they know no law….

dizzymare
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Welfare benefits adviser - Dudley MBC

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Joined: 18 June 2010

That was exactly my reaction! we dont live in a police state yet! Our team have spoken to the officer concerned who was very insistent that this is usual protocol (though I have never seen it before) so will be advising this lady to amend the statement accordingly and will make a complaint.

thanks as always guys