Reply To: Do we count this capital?


Not as much a jump as a half-hearted stagger!

[u:7bee5c3316]Andy[/u:7bee5c3316], I can see where you are coming from but R41 deals with capital payable by instalments. I do not think the withdrawals of capital can be treated as instalments. It seems to me that the money is available on demand (subject to certain provisos).

As far as your cousin is concerned, value would be calculated under the provisions of Reg.48 and is a different story.

Still, I digress! – With the case in point, I have only come across a seizure once before – the claimant was given no access whatsoever and was awarded IS as a result so no real problem (other than the officer who refused HB anyway!).

This is somewhat different and I think that the monies should be treated as if they were being held in trust. A claimant who is the beneficiary of a trust would still not have full access to the funds but would still possess them for benefit purposes. This is the best analagy I can think of. The assests have been seized as the result of a criminal investigation and guilt has yet to be proven. As such the Court will (I think) be holding the funds on trust and, as such, will be required to act in the best interest of your claimant. This would include ensuring he or she has sufficient income to survive whilst also protecting the funds in the event of a future fine/seizure/compensation order. This would still amount to acting in the claimant’s best interest – if the Court was satisfied that there had been an intentional “deprivation” there are likley to be further consequences.
for your claimant.
LizC – Has there been a claim for any passport benefits? If so, what was the result – it may give a clue.