Any help gratefully received.
I have an appeal from a claimant whom we have refused HB to as the father of her children is (or was, as the case now states) paying the rent of £130.00 per week in full, although he no longer lives in the property. He also pays approx £80.00 per week maintenance to our claimant. Both these payments are, as I understand it, on a voluntary basis and are not the results of a court order etc. Both names are on the tenancy agreement. Our refusal was on the grounds that her liability had been covered and she therefore had no ongoing liability for rent as it was met from elsewhere. CTB has been paid
On appeal I am told that from 3.9.06 the partner will no longer pay the rent and I have a signed statement to that effect along with the rent book to back up the statement. I should add, at this point, that both the appeal and the statement are written in the same hand, but the statement has been signed by the partner. Call me suspicious, but I can’t help wondering if it’s genuine.
What I am wondering is whether the initial refusal was correct and the decision should be superseded from 21.8.06 only as that is the first Monday after rental payments ceased or not. If it is held that the claimant had a liability throughout, how should I treat the £130.00 rent payments made to 20.8.06. I seem to recall that any payment made by an absent partner fell to be treated as maintenance but can’t remember where I read it (so now wonder if I dreamt it or am making things up as I go along ( does this make drafting legislation my next stop?!)).
Any ideas, thoughts or caselaw gratefully recieved.
Do I know what I'm doing? The jury's out on that........................