RECALCULATION AFTER INVESTIGATION BEST WAY FORWARD

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  • #31703
    VIKKIE
    Participant

    A joint case with DWP

    Joint incap claimed since 1994

    Partner working from 2000 not declared but we have evidence of the earnings.

    Clmt was self employed with from 2006 not declared.
    Clmt stated that during investigation he burned all paperwork in relation to self employed income, he did not pay anything to Inland Revenue either, we do have bank stats for his partner which he has stated he used for his buisness but all the debits and credits are mixed in with partners debits and credits.

    DWP’s decision is to terminate entitlement to incap from 02/05/09 but recalc back to 2000 reducing the joint incap entitlement using the partners earnings. DWP have not taken into account clmts self employment from any date earlier than 02/05/09 because there is no evidence at all?

    During IUC clmt admitted everything!!

    My quiestion is do we follow suit and copy dwp decision in regard to ignoring self employment because we have nothing to go 👿 ?

    😀 Or

    Could we recalc from 2000 to to 2005 using partner income and then terminate from 2006. Terminate hb / ctb as we have no evidence of self employed income because clmt got rid of everything.. (using partner income and incap and self employed income could of possibly nilled them out?) He does state though during IUC that his self employment income is very low…
    Partners bank account had £196,984.97 paid in from 01/04/07 to 01/10/09 and £196,984.97 paid out.

    To add further they vacated address we knew them to be resident from 1 March 2009 rented a £650 property (no hb claimed, it was paid for by themselves) and used the address hb was paid on as a storage unit!!

    What are your opinions please for thebest way forward….

    Kind Regards :16:

    #88657
    Anonymous
    Guest

    I wouldn’t just “terminate” anything. You need to try and estimate the claimant’s self-employed income. I would send him a copy of the bank statements and tell him to explain all transactions and identify what relates to the business. Nearly £200K over 2.5 years is quite a lot….

    #88658
    VIKKIE
    Participant

    Thank you, my first thoughts were to assume and average self employed income , but after liasing with others all sorts of comments have come through so just needed some clarification as what most belive would be the best way to approach as he is will appeal plus the op needs to be considered for U/Entitlement.

    Thank you

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