Domestic abuse and unable to provide documents from estranged husband for Child Benefit Claim

My client is currently claiming Universal Credit and doing an Access to HE course

Can anyone point me in the direction for any regs/case law around estranged husband refusing to provide documents/info for Client’s Child Benefit claim and claim being disallowed. Cl has pre-settled status and estranged husband is her sponsor and he has refused to provide info re himself as sponsor to client to provide to Child Benefit.

The plan is to do a late MR (late due to difficulties securing our services and also the services of a solicitor who is up to now being successful obtaining docs from husband required for client to apply for a passport for one of her children) based around verbal, emotional abuse and exercising financial control.

And to also do a new CHB application that can be backdated the 3 months if MR fails

Any ideas on any good sources I could look at to research this???

What documents do you need?

If this is about proof of work, then its a trivial application of Kerr v DSD. HMRC and DWP (who have a ‘view across’ - see appendix 1 of SSWP v LM (ESA) [2017] UKUT 485 (AAC)) have access to the husband’s national insurance records and can establish from those that he is in work.

If the position is that the claimant cannot access the information (for DV reasons or otherwise) and the decision maker can access it, then the ‘co-operative decision making’ process requires the DM to do so.

You may need to pursue this to the tribunal though.

I don’t see what is achieved by making a second application on the same facts if you are still within the absolute time limit for the MR. Just MR and then appeal if refused.

Thanks for the advice, much appreciated! I was looking at Kerr.
One of the pieces of info needed is his income and need to check what other pieces of info were needed

Thanks again