Reply To: Capital gifted – deprivation?

Andy Thurman

Not a great deal to add but, with the caution on how it is approached set out by Mike, I think there is possibly a case for establishing that the disposal was to get (keep) HB but to do so would require you to challenge the credibility of her statements. Why did she not declare the property originally? Is it credible she believed having over £100k in savings would not affect a means tested benefit? What prompted the notification of the sale of the property?

The alternative reasons given for disposing of the money will be difficult to disprove but also remember that notional capital is not an “all or nothing” approach…
How much was left when you became aware/decided the case? If there was still more than £16k at this stage and she continued to get rid of the money at that point, you could possibly determine that this smaller amount was disposed of deliberately. With this lower amount reduced every 13 weeks, entitlement may return quite quickly.

Whatever you decide on this, however, you do need to consider UE – it appears there should, at least, be no overpayment for the period from May 22 when the claimant started selling the property. Maths suggests the son is unlikely to be of pension age but, as already considered, the possibility he is disabled should also be checked.