Can I include this in an appeals submission?

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  • #44197
    wintlejb
    Participant

    We have made a LTAHW decision which the claimant has appealed.

     

    The claimant has stated that the alleged partner was residing with a now deceased relative.

     

    Naturally, we cannot verify this information but the deceased relative was herself a benefit recipient

     

    and the alleged partner has not been included on any claims form.

     

    The lack of an alternative address obviously has an impact on our decision but I'm not sure if I can

     

    divulge information to the appellant relating to someone else's benefit situation.

     

    Any advice would be welcome.

     

    Thank you    

    #125281
    John Boxall
    Participant

    It’s legal proceedings so it can be divulged.

    Yo can ask TTS about revealing this information, however if you wish to refer to it in the submission it will all have to be provided

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #125294
    petedavies
    Participant

    I can think of nothing to prevent you from using it. If I’m correct in my assumption that you are approaching this from a DPA point of view then the deceased relative is not a “living individual” so I think you are safe to use it so long as the evidence does not incluude information relating to any other person.

    #125295
    wintlejb
    Participant

    Thanks both – I was concerned about the DPA issue but I was of the same opinion that a deceased person did not receive the same protection.

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