Claimant

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  • #22107
    Anonymous
    Guest

    Can I get opinions on this case.

    Mr and Mrs J are a married couple, LA tenants entitled to and in receipt of HB/CTB .

    Mrs J is the claimant and Mr J is the partner for HB/CTB purposes. Mrs J is also the JSA(IB) claimant and Mr J is stated as partner on RAT.

    An intervention visit is made a couple of weeks ago to verify circs and there are no relevant change of circs since last claim and income is still JSA(IB) and household details still same.

    Following the intervention visit, Mr J has requested that he wants to be claimant and Mrs J be recorded as the partner.

    I have reservations changing claimants’ status because I consider that Mrs J is more of a responsible person in dealing with claim. Additionally I do not consider this type of request by Mr J as a relevant change in circumstances.

    What says you ?

    #6740
    Andy Thurman
    Keymaster

    Hi Oliver,
    I don’t think you can choose who is clmt or ptnr, however much they differ in their reliability, unless they both state they want to claim – HBR 82(1).
    What does Mrs J want? If she requests her award to end and Mr J provides a claim, you have no choice but to go with their wishes.

    I think I’d try my best to persuade them (Mrs J’s the key here!) as being in everyone’s best interests to maintain the status quo, but if they both want to change….!!

    The concern with regs is that, in theory, a couple could continually do this and the LA be forced to act but I don’t really see that happening.

    #6741
    jmembery
    Participant

    I agree with Andy, however, you can only change claimant if Mrs J ends her claim and Mr J completes a new claim form.

    Perhaps if you tell them that it may put them off.

    #6742
    Anonymous
    Guest

    Thanks for that. I will try that tack and ask Mrs J if she wants to end her claim. If she does it is likely that they might lose 1 week’s HB !

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