Appealing against a decision to include a non dependant in the household

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  • #43721
    hl1
    Participant

    Hi

    Can anybody advise me on a regulation to support an appeal. We have a claimant who is 68 and our fraud department have discovered that he has a non dependant in the property. The evidence we have are 2 years of Register of Electors forms completed by the claimant with the non dependant stated as resident and a credit reference check which confirms the non dependant in the property.

    Following the reassessment the claimant is now appealing against our decision to include the non dependant in the property as there is an overpayment of CTB. They are stating that the non dependant is not and never has lived in the property and they do not know of an alternative address. The CT department are keeping the 2 resident on the CT liability. Although he has lost his single occupier discount and CTB has increased in line with this, there is still an overpayment regarding income used in the assessment.  

    Thanks

    #124237
    nick dearnley
    Participant

    Reg 3 gives the definition of a non-dep; after that it’s a question of fact as to whether there is a non-dep in the property or not.

    The question is whether someone else ‘normally resides with’ the clmt but bear in mind that it is possible for them to have no ‘normal residence’ at all – just because you can’t pin them to another address doesn’t defintively mean they live with your clmt. Credit reference checks are not as reliable as they first appear. Someone with no fixed abode might give a parent’s address (with their permission) on a credit application because they know they will be refused if they give NFA.

    Set against that is the electral roll which I’d say is fairly strong evidence, as it requires the clmt to actively list this person as resident periodically. I’m not sure but I think giving incorrect details on there is an offence. Of course the only reason they’re on the electoral roll may be to support the credit application…

    Do you have bank details, employer’s records, doctor’s/dentist’s registrations, etc giving the same link? Again not definitive but it may help to build the overall picture. That said I’ve had a few LT csases recently where all these sort of records put a ptnr in the property but it turned out they were just being consistent in the address information they gave out.

    #124240
    hl1
    Participant

    Thanks for the reply, we will look at the evidence again before submitting to the tribunal

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