Non Deps DLA paid into claimant bank account

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  • #284076
    Sarahk76
    Participant

    I have a work age claimant who has her Non Dependent’s PIP and her Dependents DLA being paid into her bank account and I need to determine how the balance in this account is calculated for capital purposes. As per HB(SPC) Reg 49 is it split into 3 despite the non Deps PIP being more than her Dependents DLA?

    Thanks

    • This topic was modified 10 months, 4 weeks ago by Sarahk76.
    #284080
    Mike Hughes
    Participant

    The dependents DLA belongs to the working age claimant. The attribution for PIP will depend on whether the Non-Dep has the claimant as an appointee or not.

    However, both are income not capital. If you’re going to assert that they’re capital you will need to show that the money coming in has accrued and not been spent. A difficult task.

    #284081
    Sarahk76
    Participant

    Thanks Mike.

    Yes, she does appear to be the Non Deps appointee? She has now also transferred £6,000 from her account into the Non Dep’s account and I assume this is her calculation of how much she owes him? I’m still unsure how to assess the capital though?

    #284083
    Mike Hughes
    Participant

    So both are income for the claimant. As I say turning that into an assertion of capital is not straightforward. You’d need to know where the capital came from as the claimant exceeded the lower and then upper capital limits and as it started accruing. Good luck 🙂

    #284085
    Sarahk76
    Participant

    Thank you 😬

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