Reply To: Capital Release following Remortgage of claimant’s home


I think the DWP are certainly wrong to say the claimant deprived herself of capital because any “deprivation” was clearly not with the significant operative puropse of claiming benefit.

Depending on the circumstances, it is possible that the garage could be disregarded as part of the dwelling occupied as her home, given that the definition of dwelling in S137 of the SSCBA does not require that a dwelling need consist of a self contained unit. There are a number of commisioners decisions that could support this, including one that went to the Court of Appeal (Miah v SoS). Oher decisions include R(SB)10/89, R(SB)13/84, CIS/427/1991.

Admittedly, the decisions I have cited rest on whther or not it is paractiable to sell the land seperately to the main part of the dwelling, or whther or not two units should be treated as one because of the size of the family, but in CIS/427/1991, it was held that the claimants wife who was manic depressive needed to use the adjoining fields in question for walking as a means of controlling her condition.

More information will be needed as to precisely why the person in the present case needs the gargage