CH_3935_2007
The decision of the Bexleyheath appeal tribunal under reference 168/06/00043, held on 18 May 2007, is not erroneous in point of law.
Sequence of decisions
The appeal
What decision was before the tribunal?
Evidence and circumstances
'In deciding an appeal under this paragraph, an appeal tribunal-
…
(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.'
The non-dependant deduction
As at 6 May 2005
Thereafter
'By November 2005 [the daughter] had been living at her mother's address for 7 months. She had nowhere else to live and was clearly reliant on her mother for her needs. Her mother had taken a decision that she would not ask her to leave (even though her accommodation was clearly not suitable for two adults in their situation). It is clear that [the claimant] was doing what any parent would be likely to do in such circumstances, namely she was providing a home for her daughter. There is no evidence that there was any prospect that [the daughter] would move out in the foreseeable future, and no reason to think that [the claimant] would become unwilling to continue providing her with a home. By November 2005 I consider that these factors mean that [the daughter] could properly be described as ordinarily resident with [the claimant].'
Conclusion and disposal
Signed on original on 07 April 2008 |
Edward Jacobs Commissioner |