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

No receipts to prove essential repairs for housing costs

suelees
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Social Welfare dept, Stephensons Solicitors, Leigh

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My client’s ex partner took overall control of all aspects of their relationship including all household finances . This includes the balance from a remortage after redeeming the original loan.

He was a diy-er who purchased all the necessary gubbins for improvements and also carried out all the work.  He had all the receipts but we don’t know if he still has them.  After a very acrimonious separation he refused to engage with my client with regard to this.

As a result there are no receipt to allow the JCP to make a decision on housing costs. It must be unreasonable for my client to provide information which she does not have and I can only suggest she has an oral hearing which will be decided on the balance of probabilities.

Has anyone come across this before please ?

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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In R(H) 1/09, a LA requested evididence that was not in existence and this approach was found to be unlawful.  Further, in CH/0163/2003 it was found the requiring proof of a negative was inconsistent with legal policy.

Of course both of the above rely on the evidence not actually being in existence whereas in your client’s case it appears it is, albeit it unavailable.  I would be inclined to appeal and if it proceeds to FtT ask for a Direction to be issued to the former partner requesting the evidence.

[ Edited: 26 May 2011 at 04:03 pm by Kevin D ]

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suelees
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Social Welfare dept, Stephensons Solicitors, Leigh

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Total Posts: 84

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Cheers Kevin (again!)

suelees
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Social Welfare dept, Stephensons Solicitors, Leigh

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Total Posts: 84

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I’m just dealing with this now but can’t for the life of me find these two on t’internet.  Is there a link anywhere please?

suelees
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Social Welfare dept, Stephensons Solicitors, Leigh

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Found R(H) 1/09 on here.  Why bother with the world wide web when Rightsnet’s at my fingertips :-/

Still can’t find the other though

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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I’ve added it as an attachment to my earlier post.

suelees
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Social Welfare dept, Stephensons Solicitors, Leigh

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Total Posts: 84

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Oh blimey I didn’t see it. Sorry and thanks Kevin

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Total Posts: 474

Joined: 16 June 2010

suelees - 26 May 2011 02:06 PM

Oh blimey I didn’t see it. Sorry and thanks Kevin

:-).  Don’t panic, you’re not going mad.  The CD was only attached AFTER your post requesting it.