Reply To: Living together – joint IS and HB

michelle l

I have a case where a joint investigation has found that a claimant got married a few years ago and IS has now been cancelled from the date of the marriage as husband was living with her. We have revised HB&CTB to nil, and created very large overpayments which are recoverable from claimant.
We have requested further info and offered underlying entitlement. However no further info or evidence provided, Claimant is adamant he has not been resident & marriage was a mistake. I am in process of preparing response and so are DWP in order that they can be heard together. From the report provided by DWP we fully agree with the decision, and o/p cannot be reduced as no further info provided. Is it sufficient for my response to say that we have no reason not to base our decision on DWP’s decision or do I also have to provide all evidence and prove on balance of probabilities that husband was resident, although the IS appeal will be heard first.