Terms & Conditions

[Nathan Jessup]

Hello all

With regard to disallowing HB under Reg 9(1)(b) – residing with close relative – when does a stepfather cease to be a close relative? For example, a claimant’s mother and stepfather have divorced and the claimant has gone to live with his ‘ex-stepfather’ who resides in the property and the clmt wants to claim HB. Is the ‘ex-stepfather’ still a close relative after divorce from clmt’s mother?

Thanks in advance.

[Darren Broughton]

I believe they still retain the status of step parent even after a divorce – R(S) 4/81 (sorry, don’t have a copy but this is referred to in Neligan’s 6.1.4 ii)

http://www.dwp.gov.uk/advisers/docs/neligans/pdf/nechap06.pdf

[Anonymous]

Ah but the DWP guidance manual says:

[quote:521ffda735]The effect of divorce or death on close relationships created by marriage
3.243 Marriage creates a legal relationship between the spouses and also the other relationships which result from the marriage such as ‘step’ or ‘in law’ relationships.

[b:521ffda735]3.244 Divorce ends the legal relationship between the spouses and any other relationships resulting from the marriage.[/b:521ffda735]

3.245 Death ends the legal relationship between spouses. However, step-children remain step-children after the death of either the mother or father. A step-parent does not stop being closely related to their step-children after the death of their partner.

[/quote:521ffda735]

Looks like it’s time to get out the tippex 🙄

[markp]

I agree with Phil here. The step parent arrangement ceases on divorce. You might want to consider liability, commerciality and contrivance ( in that order IMHO) based on the facts of the case.

Do I know what I'm doing? The jury's out on that........................

[Anonymous]

Thanks for the endorsement Mark but now I’m beginning to doubt myself.

I’ve quoted from the Guidance Manual but Darren has quoted caselaw. He might be winning!

[markp]

Phil

Caselaw from 1981 mind. Surely there must be something more up to date than 28 years ago?!

Surely it will depend on the relationship in any case. Was the family relationship between the step father and step son good or not (was the stepson the reason for divorce although I don’t think so from the way the original post reads).

I suppose the answer will be to take it to tribunal and let a tribunal judge decide.

Do I know what I'm doing? The jury's out on that........................

[Nathan Jessup]

Thank you all. We also found it in the Guidance Manual and have gone with its definition. It is a fraud case so they will be looking at commerciality.

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