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One Parent Family Payment Case 6

Question At Issue:

Non-disclosure of means.

Background:

The appellant claimed a One Parent Family Payment following separation from her husband. The question of cohabitation was examined but her claim was disallowed subsequently on grounds of means.

Oral Hearing:

The appellant claimed a One Parent Family Payment following separation from her husband. The question of cohabitation was examined but her claim was disallowed subsequently on grounds of means.

Consideration of the Appeals Officer:

The Appeals Officer considered that the appellant’s claim had not been handled well and that there had been a breach of the rules of natural justice. He noted that she had been advised that her claim might be disallowed on grounds of cohabitation, as the evidence available at the time supported such an assertion. The disallowance imposed, however, referred to means. He pointed out that a disallowance on means grounds is totally different from one based on cohabitation and that it might be argued that the appellant had in fact been misled. He considered that the evidence indicated that only limited efforts had been made to verify the address details or to interview the appellant’s estranged husband. In the circumstances, he concluded that the decision was not soundly based and that the appeal must succeed.

Outcome:

Appeal allowed.

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