Terms & Conditions

[Anonymous]

Hi
I posted something on this point some time ago and received some wonderful responses on splitting children, thanks!!!

Well my appeal went to tribunal and the chair found that the Hockenjos case was so similar to mine that they awarded the dependants allowance for the parent who did not receive the child benefit.

Naturally I had to appeal against this as the regs do not provide for this and I was given leave to appeal by the chairman. I am now writing the commissioners decision (my second one) and I not 100% sure what I need to request as I agree with the Hockenjos decision.

Do I request that the commissioner sets aside this decision and makes a new decision rather than re-directing for a new hearing?

Thanks

[jamcon]

Not directly answering your question, but have you informed the DWP about this appeal? They may be interested in becoming a party to the appeal and defending the regulation themselves, leaving you to pretty much watch from the sidelines if you so wish.

[Darren Broughton]

I saw a document from the DWP a while ago, and they seemed to be under the impression that the Hockenjos judgement would have no impact on HB/CTB since it related only to JSA.

Not sure how they reached that conclusion, but I agree with Jamcon that it would be worthwhile contacting them

[janep]

We had an appeal heard in August 2006 which the chairman found in the LA’s favour as he decided it was out of his jurisdiction as the full rent determination was being paid – he looked at it from a different point of view – that he has no power to change a rent officers decision. He stated the claimant should take the case to a judicial review. The case is now going to a commissioners. As more and more cases are going to appeal citing the principles of the Hockenjos case – hopefully the DWP will have to make a decision on how this ruling affects HB & CTB. I have kept the DWP informed of each development. (Phillipa Fallowfield).

[Author]

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