Been looking through Woodly2013's suggested reading, the HMRC's Internal Claimant Compliance Manual at www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual. Found some really interesting bits...amongst them this:
Undisclosed Partners: Respecting Customer's Privacy
In all your contacts with customers you must always be aware of Human Rights issues, and of the need to respect the customer’s privacy. It is particularly important that you adopt this approach in any discussions which may touch on their private life.
You should avoid any impression that you are examining the customer’s home or household for signs of any such relationship. You must not ask about the customer’s sleeping arrangements in an attempt to find out whether s/he shares a bedroom with another adult.
Customers may however volunteer information of this kind when, for example, confirming the number of children who live there; describing how friends or relatives sometimes stay to help out with childcare or explaining that their ex-partners stays in the spare room whenever they come to visit the children. If the customer simply says their partner stays overnight when they come to visit or care for the children you must not ask where they sleep.
You should not normally ask customers about the number of bedrooms in their house but if the customer has suggested that an adult who lives in the house is a paying lodger, it is reasonable to expect the lodger would have his/her room rather than sleeping on a sofa or floor.
I find it interesting that under the following section "Undisclosed Partners: Other Agencies' Techniques in Establishing An Undisclosed Partner", it says "This content has been withheld because of exemptions in the Freedom of Information Act 2000"...basically implying that HMRC are not obliged to tell us which 3rd party agencies they use to do further checks on us.
And another helpful extract below...
Undisclosed Partners: Undisclosed Partner has No Other Address
A customer may accept that the suspected partner uses their address for mailing purposes. This could be for:
- tax and benefit purposes
- financial purposes (bank account, credit card, loan)
- for motor vehicle purposes (insurance, vehicle registration)
The customer might suggest this is because the suspected partner has no fixed abode and simply drifts around a series of friends or because their mail is not secure at their own home.
You are entitled to ask for evidence of the suspected partner’s other accommodation address, however, you cannot demand that they provide such information nor can you say that if they do not provide evidence of an alternative address you will treat them as LTAHAW or LTACP and terminate their award.
The absence of such evidence is not conclusive proof that the customer is living with the suspected partner. Where the customer cannot provide such evidence you must still look at all of the other criteria and decide their various strengths and weaknesses. In addition, you should consider whether it is reasonable for the suspected partner to be using the customer’s address.