Reply To: Schedule 6 – Disregarded Capital


Your claimant does have a realisable capital interest in the property – he could sell his interest now. If the property is worth £180K, is unencumbered and your claimant has a paper 50% interest I would guess that his share is worh between £20 & £30K as things stand at the moment.

If he is making reasonable efforts to dispose of it – this need not be limited to selling off his share as it stands now but could include attempting to reach a settlement – you can go ahead and disregard for as long as you think it is reasonable to do so under para 26.

As far as the advice is concerned (a) It was only that – if you had no claim you could not consider para 24 because you had nothing to base a decision on. (b) If an ex-member of staff, whilst he may not have had the in-depth knowledge he could certainly be expected to know the importance of a claim and I cannot see that he has anything to argue about.