Reply To: Deprivation of undeclared capital.

#9047
RobBox
Participant

The problem that you may face is that over the 6 years that you may have to re-calculate the OP and the actual capital has decreased.

If at various 13 week periods you take the revised capital that the claimant had left, as well as taking into account the amount of HB/CTB that would have been paid, you may then have to consider if they have deliberatly deprived themselves of those amounts if they have given it away.

This could be tricky to show that this act was intentional to increase or maintain entitlement??