Joint Claims

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  • #21956
    Anonymous
    Guest

    Just want some hand holding really!….

    The woman is the claimant but her partner always completes the CFs and deals with all correspondence etc… relating to the HB/CTB claim – she just signs and admits she does not check. He starts work and ‘they’ fail to notify the change. Both have been IUCd and he takes full responsibility for completing forms.

    If we prosecute do we prosecute him for ‘knowingly allowing’ her to fail to notify the COC – SSAA 1992 Section 112(1B) rather than ‘knowingly failing to notify COC’ himself – SSAA 1992 Section 112(1A).

    Somewhere I think there is no such thing as a joint claim so the only person with responsibility for notifying the change as such is the claimant…..? Am I correct?

    #6127
    Bob_Wagstaff
    Participant

    Yes there is no such think as a joint claim. Every claim must have a claimant.

    I suppose where a partner has signed or completed a claim form you could state that they have made a false statement, but when it comes to the duty to notify changes of circusmtances this duty is made explicit in the regulations and only extends to the claimant, so a partner cannot be guilty of failing to notify a change as they have no legal duty to do so.

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