Terms & Conditions

[LouP]

We have just discovered via an RBR for one of our claimants that he got married around 12 months ago. He and his wife each have a live HB/CTB claim for different addresses. The wife is in receipt of Guarantee Pension Credit with no mention of the husband, whilst the husband just receives an occupational pension.

The wife has been pretty vague about their living arrangements save from saying they spend roughly equal amounts of time in each property. She advised us that she has not informed the Pension Service about her new husband. We have obviously advised her to let PS know about her new circs.

In terms of the HB/CTB side I’m not sure how to proceed. We haven’t yet been able to ascertain whether there is any particular reason for them continuing to maintian separate dwelling or if they have any intention of eventually moving in together.

If we establish that they have no such intention and that there is no explanation for them living apart other than that’s how they like it, is this sufficient for us to continue paying separate claims using their own separate source of income? What would happen if PS decide to revise the wife’s PC claim to include the husband?

[Kevin D]

The issues, to me at least, are these:

1) are the couple are spending a significant amount of their time together? (at this stage, ignore which address).

If no, it seems there are two separate households and, in turn, 2 HB/CTB claims would be appropriate.

If yes, next issue….

2) If the couples’ together time applies to BOTH addresses, two issues need to be considered:
– how much time together?
– if sufficient time is spent together, which is the MAIN address?

If either (or both) continue to be vague about living arrangements, write to both of them asking straighforward questions about where they live and when. If they don’t respond, or fail to provide the info requested, you can follow the DAR route (suspend / terminate).

You could also request an interview (under cautioin?), but this can’t be forced.

NB: just wondered if the following case law assists (on bailii)?
MULLANEY (& CLAYTON) v Watford BC & Anor [1997] EWHC Admin 28

Regards

[derek_S]

How would anyone decide what is a “significant” time together?

Is there a legal basis for deciding this?

[LouP]

Thanks Kevin. I think the answer to your first question is going to be a yes so it’ll be interesting to see how they respond to the other questions.

[Kevin D]

Derek,

Straight answer to your question: Er, no idea. 🙂 The reasoning behind my previous post is this:

The issues of living together and/or occupancy are a question of fact and any decision is based on the balance of probability. So, in short, it’s a judgement call based on the evidence.

Regards

[derek_S]

mmmmmmm…….thanks for being candid Kevin.

Still have to say I’m slightly puzzled. I agree that living together or maintaining seperate addresses are matters of fact. Just cannot see why being married or not affects it one way or the other. The days when you could make assumptions about married people are long gone.

Always thought that seperate addresses were fairly straightforward to confirm or not. If there are two addresses it’s irrelevant in a benefit sense what they get up to in them.

[Author]

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