ptnr in armed forces

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  • #39063
    michaelh
    Participant

    Hello all – some input/advice would be greatly appreciated on a case that I have.

    I have received an LA input doc from JCP from a lady who has declared that she is a single adult living at an address with two dependant children. My clmt is the owner of the property with her partner, they purchased the property in june 2011. He is in the army and is based in Germany.

    My clmt has confirmed that she lived in Germany with her partner prior to moving back to the UK(please no replies regarding habitual residence as I have that avenue covered). They rented a home together and lived there with their two children.

    The clmt has not split from her partner but he has not yet moved from Germany, I am not sure if he will be moving here at any time in the future either.

    Our c-tax department have awarded the clmt SPD as they see the ptnr’s sole and main place of residence as in germany.

    However, I am not to sure about this my self and would like to know if any body has any thoughts on how I should treat this case. It would seem odd that she may get JSA as a single person when her partner is earning a healthy wage whilst being in the army!!!

    #110730
    Andy Thurman
    Keymaster

    While I wholeheartedly agree that it “feels” wrong, I think she should get CTB as a single person on the strength of the details given as they are maintaining separate households. I’m sure there are many other couples in similar situations who would either not know they could claim or would feel it was wrong to do so.
    Somewhat perversely, it would be (imho) different if the partner was in barracks as the UK address would still be his main residence.
    Possibly the thing that has “messed things up” on the HB/CTB side (& income based DWP benefits) in this type of case is the full disregard of child maintenance payments.

    #110743
    michaelh
    Participant

    Thanks for the input Andy

    #110745
    Kevin D
    Participant

    Based on the info given and as things stand, I agree with Andy. However, if/when the “partner” comes to the UK as a partner and takes up occupancy as part of the household, my view would be that they are a couple from that point on – even if he subsequently continues to “work” in Germany.

    #110759
    laural
    Participant

    Sorry but disagee – IF – if the acommodation is not privately rented but if forces accommodation ( it usually is) then his sole/main residence will be the UK property
    Caselaw –
    City of Bradford v Neil Alderton
    Doncasteer v Stark and Stark
    Kingston Upon Hull v Ward

    #110765
    Kevin D
    Participant

    Laura; if “he” had already occupied the premises, I would agree. However, at this time, he hasn’t occupied; only the clmt has. For HB, the test isn’t “residence” in the same way as it is for CTAX. In my view, the law on the meaning of “couple” and “household” in relation to benefits means that, in these precise circumstances, Alderton / Stark / Ward are distinguishable because of the distinctions between “residence” / “occupancy” / “household”.

    #140836
    John Smith
    Participant

    Can someone explain the HRT issue, as I have a similar post April 2014 case, but don't have that area sorted and can't seem to find any authority on it. Can I assume that a member of the armed forces, as well as his / her partner, do not lose their habitual residence in the UK while the member is on overseas duty, living, for example, in a British army base in Germany? This makes logical sense, but I can't seem to find anything specific authority. In my case, the partner has left her husband and returned to the UK, and the DWP have said that she fails the HRT. Surely the DWP are wrong? Thanks, John

    #140837
    John Smith
    Participant

    Can someone explain the HRT issue, as I have a similar post April 2014 case, but don't have that area sorted and can't seem to find any authority on it. Can I assume that a member of the armed forces, as well as his / her partner, do not lose their habitual residence in the UK while the member is on overseas duty, living, for example, in a British army base in Germany? This makes logical sense, but I can't seem to find anything specific authority. In my case, the partner has left her husband and returned to the UK, and the DWP have said that she fails the HRT. Surely the DWP are wrong? Thanks, John

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