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

LTAHAW - Is lorry cab a home?

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Joined: 28 June 2010

Does anyone know of any decisions that may support a clients assertion that his lorry cab is his home/accommodation (it has sleeping and storage areas)?

Cl stayed with girlfriend only one night per week and spent all other time living in his cab.

I have covered other usual ‘signposts’, no shared finances, no intent to live together permanantly, no children etc but I would like to feel on stronger footing with the whole lorry cab home thing… Any ideas?

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

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I think it’s going to be a stretch to argue that a lorry cab is a “dwelling” given it’s obvious purpose although I can see why it may be helpful to have it regarded as his “home”.  In any case, the question is whether or not your client is “living together” and he and his girlfriend are “members of the same household”.  The lorry situation doesn’t necessarily make any difference to that question.  The nature of the info given in the OP indicates these bases are covered.

So, in anticipation of the DWP/LA arguing that your client must be LT if he has no fixed address, a couple of HB/CTB cases may assist.  The issues is not about other addresses (er, or lorries) where your client is staying; the issue is whether he is living at the address of the girlfriend TOGETHER in the same household.

In CH/3016/2005 (paras 15-16) and CH/3307/2008 (para 19), the point was made that the main focus should be on matters relating to the address in question.  Those cases may help.

[ Edited: 10 Jul 2010 at 11:30 pm by Kevin D ]

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Ariadne
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Social policy coordinator, CAB, Basingstoke

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Having another main home is of course very helpful, but definitely not conclusive. I have come across any number of cases of men who effectively sofa-surf (including a lorry-surfer - he got in his lorry immediately after his wedding and went off to Portugal that very night, returning only from time to time to see his child), and spend only minimal time with the benefit claiamnt.

One good question though is where he keeps his things. If in the lorry, it’s a good indication that he doesn’t regard the girlfriend’s home as his.

But I will bet you any money he uses her address whenever he needs to give one (say, on his HGV licence) and has his post sent there, even if she has told him not to. Tribunal judges see a lot of this and are usually pretty sympathetic to claimants (and unsympathetic to the b******s who sponge off them).

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Thank you both for your replies.

I have some further digging to do that is clear. I am hoping your last comment Ariadne will happen in this case, my client is not very sophisticated and it is clear she was taken for a ride, once she got the JC+ letter she never saw him again - what a charmer.

I will plough on!