1. Recent Benefit Caselaw Louise Freeth IRRV Solutions

2. IRRV Solutions Ltd2  Making a Claim  Evidence  Occupation  Liabilty  Household  Income  Capital  Changes  Termination  Overpayment

3. IRRV Solutions Ltd3 Evidence CH3500/2004 – July 2007   Too much weight on “doubting” claimant   Not enough on facts of case   Sidetracked

4. IRRV Solutions Ltd4 Claims CH3576/2006 – April 07  Second Adult Rebate “claim”  Was letter written Aug 03 “sufficient”?  Was it received at a “designated office”?  Distinction between posting & receiving, Royal Mail not involved

5. IRRV Solutions Ltd5 Occupation CH3933/06 - July 07  CTB permitted on 2 dwellings where held liable for both

6. IRRV Solutions Ltd6 Liability CH2959/2006 – Dec 06  Grantor had no powers to let dwelling  Still a valid agreement & liability CH3282/2006 - May 07  Long tenancy only created by deed but…  Non-commercial:  Rent commitment not met (£250pw)  Truly personal arrangement clothed in the garments of a legal liability

7. IRRV Solutions Ltd7 Household CH48/2006 – June 07  19 year old working part-time  No evidence so highest deduction taken  Duty to assess on balance of probabilities  Likely level of earnings  Inference based on some sense of reality

8. IRRV Solutions Ltd8 Income CH1450/2005 - April 06  Treatment of tax credits confirmed  Even when overpaid and no further HB/CTB payable  Claimant argued should have been removed from assessment

9. IRRV Solutions Ltd9 Capital CH/1822/2006 - Nov 06  Notional capital for partner prior to joining the H/H?  Existing HB claim, partner joined HH March 05  Sold house May 04 receiving £151,907.69  Spent £19,256.30 on family holiday & gave £30,000 to student daughter  Held to have notional capital

10. IRRV Solutions Ltd10 Capital CH930/2005 - July 07  Deprivation?  Parents and son purchased  Transferred ownership to son  Son had power of attorney  Burden of proof on authority – failed to satisfy

11. IRRV Solutions Ltd11 Once assessed… CH269/2006 -May 06.   N/Q left on system (October)   Brought into entitlement by annual uprating   Subsequently cancelled & o/p created.   LA does not have power to revise or supersede a “nil” decision.   Claimant must elect whether to re-claim

12. IRRV Solutions Ltd12 CH4115/2006 – Aug 07  ETD received JSA ceased “failed to sign”  Automatically terminate HB/CTB as a result?  Not unless starts work, increases hours or rates of pay  In all other cases should suspend and enquire

13. IRRV Solutions Ltd13 LA’s Duty to Scrutinise CH/69/03 -  No duty on LA to scrutinise bank statements for missing income CH3925/06 – Aug 07 CH3925/06 – Aug 07  LA did err in not spotting change via additional documentation & investigating CHS/124/2007 – May 07  LA is not obliged to look back at earlier claim forms

14. IRRV Solutions Ltd14 Termination CH0402/2007 – Sept 07  Reg 14 DMA Regs  Is decision to terminate appealable?  Review form not completed March 05  Suspended then terminated  Tribunal dismissed appeal  Conclusion…yes it is appealable

15. IRRV Solutions Ltd15 Overpayments CH 3309/06 – Feb 07  JSA ended as started work  CTB continued for further 2 years  Repeated visits and phone calls to authority  Even a cheque sent in …but same sum refunded  Official error – could customer have reasonably known?

16. IRRV Solutions Ltd16 Predicting the Future…. CH/2638/2006 – July 07 “It could be predicted that the claimant’s release would be ordered at the hearing. It should have been predicted that this would all probably be accomplished within 13 weeks”. Commissioner Levenson