JSA Refusal - Appeal?

[Lapchien66]

I've lived with my best friend (100% NOT as partners - we are blokes!) for 10 years, and in that time I have always worked, never even signed on or claimed any benefits.

 

My mother lived with us until she passed away in January, and my friend cared for her and received carers allowance. A few weeks ago he claimed JSA and this has been refused as it is deemed that he and I are living together as partners. This is totally not the case.

 

He wants to appeal this, what is the best way? Do I have to swear an oath if that helps?

[abc123def]

Who is on the tenancy or mortgage? if not joint, does the other one have a tenancy agreement? How are bills split paid? Whether you are deemed to be living together is not to do with sex, but to do with finances and living arrangements. So things need to be formalised wrt tenancy and bills and with finance.

 

Believe it or not previously when married my fil lived with us as part of our family and I cared for him as he had dementia. My xh and I separated and the DWP decided that as I cook for fil, did his washing and he ate at our table that meant we were living together as a couple. Fortunately someone back at the office saw sense but that is how daft it can get.

[Lapchien66]

It's a bit complicated! He was on carers allowance, looking after my mum, who I lost in January. Prior to that he was on JSA. The tenancy is in joint names and as am in FTE I pay all bills 100%. We live in a 4 bedroom house.

[abc123def]

When he was on carers allowance did he also receive income support and if so, how much of this did he give you for his share of the bills and can you evidence this? Same with when he was previously on JSA, how much did he give you towards the bills and can you evidence this? From what you say your appeal will be hard because you have been supporting him by paying the bills as you are in full time employment. That adds to the DWP case that you are living together. Things need to be far more formalised if you are to have any case at all.

[Lapchien66]

When he was in receipt of carers allowance he did also get a little top-up of IS. He gave me all but £10 of all his CA to pay for his room and food (paid direct to my account so it does appear on my statement). I only pay the bills at the moment to prevent him from starving!

[abc123def]

I'm afraid there is much in your situation that would lead the DWP to believe you are living together.

 

I see you posted the same question on MSE and there someone has pulled up a previous post you made in 2011 when you quoted your friend as being your partner. Or as you then explain, your friend was quoting you to be their partner. Very confusing, but even before reading that I did think you would have difficulty convincing the DWP that you aren't living together as a couple.

 

Is your friend able to get any work in care as they cared for your mother so recently? There is usually plenty of work in that field available.

[Lapchien66]

I just do not see why I should have to support him if he is NOT my partner. He could not get a job in care - he's not a carer, and caring for my terminally ill mum nearly sent him round the bend.

[id6052]

I just do not see why I should have to support him if he is NOT my partner. He could not get a job in care - he's not a carer, and caring for my terminally ill mum nearly sent him round the bend.

 

I have read the posts on MSE, and I think it does contradict what you are now stating.

 

However if your friend disagrees with the DWP's decision, he should appeal the case to HM Courts & Tribunals Service.

 

If your friend was paying money to you for his room, was he claiming housing benefit for the rent?

 

Are you sure that your friend has never referred to you as his partner when he made his claim for Carers Allowance or in any discussions with DWP (or LA if he has claimed any benefits from them)?

 

Out of interest, have the DWP given any indication as to whether they are investigating his claim as fraudulent? If so, this could complicate the matter further.

Edited April 21, 2013 by ims21
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[Lapchien66]

There is NO "fraud" - we are friends and as I have always had a good job I suppose I have supported him. He has all sorts of issues in his personal life, illness, drugs, drink etc - if it was not for me I am sure he would be dead by now! I just cannot support him 100% whilst he looks for work - when he was on JSA and CA before he paid me most of it.

 

I'm going to be speaking to our company solicitors tomorrow to see if they have any expertise in these matters, and may swear an oath that we are not in a partnership - if that may assist.

 

I know that the so called moral majority on here and elsewhere may just have read these threads with raised eyebrows, however the TRUTH is that we are NOT partners, he is his own person and he may now be 'on the streets' as a result of all of this.

[abc123def]

I think you are going to have trouble as said before with your case. It might be worth handing your notice in to your landlord and perhaps finding a smaller more affordable place for yourself, funding a 4 bed house just for you must be pricey with a friend who claims benefits usually rather than working so is unable to pay his way anyway. Your friend if he needs assistance finding somewhere can ask the council for advice wrt housing and can claim benefits for wherever he lives. There are usually lots of rooms to rent on spareroom.co.uk he might find something there.

[Lapchien66]

Yes I do agree with what you've said. I moved to this larger property when my Mum was living with us, and I had a ton of stuff, but have been dumping a load and selling stuff on ebay (£800 so far!). I had a range rover that was costing me £1000 to pay for an run each month, I swapped it for a 59 plate diesel Golf which costs less than a quarter of that to run, the last big expense is the rent, £1150 p/m plus bills. Having an Aga really does not help. I've been looking on rightmove for 2 months for something smaller and there does seem to be a lack of decent suitable properties, I will keep looking.

[antone]

Leaving aside any intrigue about what's been said in the past or posted on other forums, if you wish to maintain that you are not partners it might be an idea to read through this Decision Makers Guide. It's the one that the DMs use to decide who is or is not a couple, and if he were to appeal it might help him to word his submission correctly.

[Lapchien66]

Leaving aside any intrigue about what's been said in the past or posted on other forums, if you wish to maintain that you are not partners it might be an idea to read through this Decision Makers Guide. It's the one that the DMs use to decide who is or is not a couple, and if he were to appeal it might help him to word his submission correctly.

 

Perfect, thanks for the link.