Reply To: Can this capital be disregarded?

Mike Hughes

A small number of things to add for the OP:

1 – COP delays remain massive and most figures being bandied about are largely wishful thinking. Take a number and double it.

2 – The principle is that capital is capital which is available to you and which can be disposed of at the value established from a willing seller to a willing buyer. If it’s not available to you i.e. you can’t dispose of it then it’s value is nil/it must be disregarded. The principle is enshrined in case law going far back into the days of Supplementary Benefit and case law such as R(SB)18/83. Several other similar references in the CPAG Welfare Benefits Handbook as I recall and plenty on Rightsnet too.

3 – if the bank accounts are frozen then the capital falls to be disregarded. If the £150 is being drawn from a so-called frozen account on a regular basis then the exact terms of that will be critical. If it’s a regular draw down and the claimant has no ability to draw more or less then they still have no access to whatever the remaining capital is and I’d argue the remainder falls to be ignored.

What they may have though is an income.