UT Submission – HB paid to partner

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  • #43449
    roo
    Participant

    Hello

    I have to prepare a submission to the UT regarding a decision by the LA to award HB / CTB to the partner on the application rather than the claimant (upheld at FtT hearing).

    The judge at the FtT referred to the decision of CH/3817/2004 in the fact that it was the appellant's partner who had made the claim for HB /CTB and that the appellant was wrongly treated as the claimant but that as the LA, the appellant and the partner had all agreed that the appellant should be the claimant, all parties had proceeded on that basis so CH/3817/2004 does not apply.

    Does anyone have any views / guidance / words of wisdom that can help me out please?

    thanks

    #123310
    petedavies
    Participant

    Personally I think FtT was wrong, who the claimant is is a matter of fact which I do not think can be changed by conduct of the parties.
    Unless there was reason to suppose that the partner had intended to claim (e.g. partner/claimant’s income transposed on the claim form) then I cannot see any lack of clarity as to who the clamant was and the LA had no means of making a decision in that regard. I don’t think it is possible to amend a claim by changing the identity of the claimant and similarly cannot see a way that the claim was withdrawn and a new one made by the partner.

    #128955
    roo
    Participant

    You may all be as surprised as me to find that the claimant’s appeal did not succeed at the UT and the FtT decision & LA’s decision were confirmed.

    #128965
    Anonymous
    Guest

    Out of interest why was there an appeal? Does it really matter who gets the money?

    #128966
    roo
    Participant

    The appeal was that the application for HB/CTB had been made in Mr X’s name and we awarded HB/CTB to Mrs X so when an overpayment was created the appellant argued that no valid decision had been made as she wasn’t the claimant, mr X was, therefore the overpayment wasn’t recoverable etc

    #128981
    petedavies
    Participant

    Personally I’m pleasantly surprised – well pleasently gobsmacked actually!

    #128988
    Anonymous
    Guest

    Any chance you can forward the decision to hbinfo?

    #129015
    roo
    Participant

    I have to be truthful and say it was not the decision I expected. I am noy sure how to forward the decision to HBinfo – can you let me know how to do that please?

    #139254
    wh79
    Participant

    Does anyone have a link to the UT decision that Roo mentions? or even the reference No??

    thanks

    #143394
    david farrar
    Participant

    [quote=wh79]Does anyone have a link to the UT decision that Roo mentions? or even the reference No?? thanks[/quote]

     

    has anyone managed to get copy?

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