Terms & Conditions

[jerikaz]

Could I ask for some advice on this scenario please.

Pensioner receiving CTB – not receiving any pension credit. Discovered on intervention in July 06 that she had sold the property that she was living in – in 2004 and continued to live there. She did not supply evidence of the whereabouts of the capital that she received from the sale so in September 06 the decision was made to terminate her CTB award from 2004.

She has recently reclaimed CTB and also been awarded savings credit from Sep05 with capital of less than £16,000.

We are of the opinion that she may still have capital of over £16,000 – we have contacted the pension service and they are not interested. Can we still make a decision ourselves that she has over £16,000. We do not have evidence, however, the claimant has never provided evidence that she hasn’t still got it. Or are we shot in the foot by the pension service decision on the AIF?

Thanks

[markp]

Yes you can – the capital limit of £16,000.00 still applies to this scenario.

It is only Guarantee Credit that you don’t have any jurisdiction over capital unless you can show that the Guarantee Credit was unlawfully in payment using the Hamilton case as your basis for doing so.

Do I know what I'm doing? The jury's out on that........................

[David]

I don’t altogether agree with Mark.

If savings credit has been awarded, the crucial point on capital is whether there has been a AIP set. If there has, & capital rises above £16k, the LA should end claim (HB SPC reg 27 para 7 & 8).

Otherwise, you need to rely on figures provided by Pension Service (Reg 27(6). You can provide evidence to PS that capital is over £16k, but it is their call on capital if no AIP.

I think if you are going to rely on Hamilton, then you will need something stronger than the adverse inference you appear to be making (unless there is more that you’ve not mentioned.)

[Author]

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