Recent Benefit Caselaw Louise Freeth IRRV Solutions.

Recent Benefit CaselawRecent Benefit Caselaw

Louise FreethLouise FreethIRRV SolutionsIRRV Solutions

IRRV Solutions Ltd 2

Making a ClaimMaking a Claim EvidenceEvidence OccupationOccupation LiabiltyLiabilty HouseholdHousehold IncomeIncome CapitalCapital ChangesChanges TerminationTermination OverpaymentOverpayment


EvidenceEvidence

CH3500/2004 – July 2007

Too much weight on “doubting” claimant

Not enough on facts of caseSidetracked


ClaimsClaims

CH3576/2006 CH3576/2006 – – April 07April 07

Second Adult Rebate “claim”Second Adult Rebate “claim” Was letter written Aug 03 “sufficient”?Was letter written Aug 03 “sufficient”? Was it received at a “designated office”?Was it received at a “designated office”? Distinction between posting & receiving, Distinction between posting & receiving,

Royal Mail not involvedRoyal Mail not involved


OccupationOccupation

CH3933/06CH3933/06 - - July 07July 07

CTB permitted on 2 dwellings where held CTB permitted on 2 dwellings where held liable for both liable for both


LiabilityLiability

CH2959/2006 –CH2959/2006 – Dec 06Dec 06 Grantor had no powers to let dwellingGrantor had no powers to let dwelling Still a valid agreement & liabilityStill a valid agreement & liability

CH3282/2006 - CH3282/2006 - May 07May 07 Long tenancy only created by deed but…Long tenancy only created by deed but… Non-commercial:Non-commercial:

Rent commitment not met (£250pw)Rent commitment not met (£250pw) Truly personal arrangement clothed in the Truly personal arrangement clothed in the

garments of a legal liabilitygarments of a legal liability


HouseholdHousehold

CH48/2006 CH48/2006 – June 07– June 07

19 year old working part-time19 year old working part-time No evidence so highest deduction No evidence so highest deduction

takentaken Duty to assess on balance of Duty to assess on balance of

probabilitiesprobabilities Likely level of earningsLikely level of earnings Inference based on some sense of Inference based on some sense of

reality reality


IncomeIncome

CH1450/2005 CH1450/2005 - April 06- April 06

Treatment of tax credits confirmedTreatment of tax credits confirmed Even when overpaid and no further Even when overpaid and no further

HB/CTB payableHB/CTB payable Claimant argued should have been Claimant argued should have been

removed from assessmentremoved from assessment


CapitalCapital

CH/1822/2006 -CH/1822/2006 - Nov 06Nov 06

Notional capital for partner prior to joining the Notional capital for partner prior to joining the H/H?H/H?

Existing HB claim, partner joined HH March 05Existing HB claim, partner joined HH March 05 Sold house May 04 receiving £151,907.69Sold house May 04 receiving £151,907.69 Spent £19,256.30 on family holiday & gave Spent £19,256.30 on family holiday & gave

£30,000 to student daughter£30,000 to student daughter Held to have notional capital Held to have notional capital


CapitalCapital

CH930/2005 -CH930/2005 - July 07July 07

Deprivation?Deprivation? Parents and son purchasedParents and son purchased Transferred ownership to sonTransferred ownership to son Son had power of attorney Son had power of attorney

Burden of proof on authority – failedBurden of proof on authority – failed to to satisfysatisfy


Once assessed…Once assessed…

CH269/2006 -May 06.

N/Q left on system (October)Brought into entitlement by annual upratingSubsequently cancelled & o/p created. LA does not have power to revise or

supersede a “nil” decision.Claimant must elect whether to re-claim


CH4115/2006CH4115/2006 – – Aug 07Aug 07

ETD received JSA ceased “failed to sign”ETD received JSA ceased “failed to sign” Automatically terminate HB/CTB as a result?Automatically terminate HB/CTB as a result? Not unless starts work, increases hours or Not unless starts work, increases hours or

rates of payrates of pay In all other cases should suspend and In all other cases should suspend and

enquire enquire


LA’s Duty to Scrutinise

CH/69/03 - CH/69/03 - No duty on LA to scrutinise bank No duty on LA to scrutinise bank

statements for missing incomestatements for missing income CH3925/06 – Aug 07CH3925/06 – Aug 07

LA did err in not spotting change via LA did err in not spotting change via additional documentation & additional documentation & investigatinginvestigating

CHS/124/2007 – May 07CHS/124/2007 – May 07 LA is LA is not not obliged to look back at earlier obliged to look back at earlier

claim formsclaim forms


TerminationTermination

CH0402/2007 – CH0402/2007 – Sept 07Sept 07

Reg 14 DMA Regs Reg 14 DMA Regs Is decision to terminate appealable?Is decision to terminate appealable? Review form not completed March 05Review form not completed March 05 Suspended then terminatedSuspended then terminated Tribunal dismissed appealTribunal dismissed appeal Conclusion…yes it is appealable Conclusion…yes it is appealable


OverpaymentsOverpayments

CH 3309/06 – CH 3309/06 – Feb 07Feb 07

JSA ended as started workJSA ended as started work CTB continued for further 2 yearsCTB continued for further 2 years Repeated visits and phone calls to authorityRepeated visits and phone calls to authority Even a cheque sent in …but same sum Even a cheque sent in …but same sum

refundedrefunded Official error – could customer have Official error – could customer have

reasonably known?reasonably known?


Predicting the Future….Predicting the Future….

CH/2638/2006 CH/2638/2006 – July 07– July 07

“It could be predicted that the claimant’s release would be ordered at the hearing. It should have been predicted that this would all probably be accomplished within 13 weeks”.Commissioner LevensonCommissioner Levenson

Recent Benefit Caselaw Louise Freeth IRRV Solutions.

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