Terms & Conditions

[andytout]

We receive a letter from a claimant advising they are moving from address x to address y. Address y being that of a friend and it is stressed that this is a temporary arrangement whilst looking for alternative accommodation.

Claimant at address y is questioned as to possible non-dep deduction and states the gentleman never moves in.

We receive another letter from original claimant stating he did live at address y and includes IS letter with address y on it. Was there for three months.

I am of the opinion that as the original intention was only a temporary one and given the relatively short period of occupation, that a non-dep deduction would not be appropriate but would appreciate views?

[clamar]

I’d take the view that he didn’t “normally” reside with the claimant and therefore shouldn’t attract a non-dep deduction. CH/4004/2004 is a good case to illustrate the point. The claimant’s cousin stayed with her for ten weeks while he was sorting himself out having been deported from USA. The Commissioner held that this didn’t amount to normally residing with the claimant.

[Anonymous]

See also CIS/14850/1996 and CSIS/100/1993

[Author]

Posts