Capital, Income Support and Housing Benefit

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    I have a case where the claimant was left a large sum of money and consequently ceased to be entitled to IS and HB. IS considered he had deprived himself of £23000 that he spent on a holiday and electrical goods (receipts seen). On appeal IS have now reinstated his benefit.
    As IS is a passported benefit I am of the opinion that HB should also be reinstated BUT a colleague has a niggling suspicion that in such cases we don’t have to pay as a passported benefit but can substitute our own decision.
    If this is right, can someone point me in the direction of legislation/comm decision etc to permit this?


    There is no legislation I am aware of.

    There is case law which permits an LA to go behind a passport decision (Hamilton) but I really do not think that it would apply in this case ‘cos the capital issue has already been considered.

    If you really think that the claim is hooky you could try to argue that a pivotal argument put forward by Hamilton (that the DWP had an independent adjudication system whereas the LA did not) no longer exists and that as TS can be binding on both, there is nothing to stop the LA going its own way.

    Personally I think there is more chance of the All Blacks failing to progress beyond the pool stage in the next World Cup but still…

    Kevin D

    Your colleague is half right… 🙂

    In [b:e2ee55b8fc]Hamilton[/b:e2ee55b8fc], it was decided that an LA could go behind the DWP’s decision in an IS case. BUT, this is limited to cases where IS is not LAWFULLY paid.

    In your case, the DWP has clearly accepted that IS is lawfully due. Therefore, in my view, you will not be able to rely on Hamilton. In short, you’ll have to follow the DWP unless you have some amazingly strong evidence to show that they (DWP) are wrong.


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