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    Overpayment created June 2002 due to IS ceasing as IS fraud case deemed living together as husband and wife. HB/CTB claim terminated and underlying entitlement applied including partners wages which nil qualified.

    Clmt appealed to both HB and IS in October 2002 and states that partner has never lived with her. IS decision upheld. HB never referred for appeal.

    Recovery process identified this case again and claimant vehement that partner not in property.

    Appeal request dated October 2002 from solicitors states that we cannot use the results of the IS as we have made no investigations of our own. Obviously this case is now 4 years old and should have been sent for appeal back in Oct 02 but wasn’t.

    Question is can we use the IS decision makers case for HB/CTB without doing another investigation and include partners wages based on the outcome of the IS investigation.


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