Terms & Conditions

[jmembery]

Just lost an interesting case at tribunal.

Claimant was in receipt of IS and HB/CTB. Capital increased to above £16,000. (about £21,000).

IS cancelled on 11th March with effect from 6th February. IS overpayment of £6,000 created. Claimant pays off the IS overpayment in June bringing capital down below £16,000.

HB entitlement ended with effect from 12th February. HB entitlement reinstated from June. No HB awarded Feb-June as capital over £16,000.

Social services (on Claimant behalf) appeals on the basis that the overpayment of IS should be offset against claimant’s capital. (Claimant signed the appeal).

Tribunal found in claimant’s favour. We have asked for SOR.

[Anonymous]

I can’t trace the actual CD but I’m sure there was a case when the Comm. said debts canot be offset against capital.

Or have I imagined it? 😳

[Kevin D]

These CDs on capital valuation may be of interest:

[b:fd1df604b2]R(SB) 02/83
R(SB) 35/83[/b:fd1df604b2]

In my view, [b:fd1df604b2]R(SB) 02/83[/b:fd1df604b2] has the greater relevance.

Regards

[Anonymous]

Kevin’s case was endorsed in the HB jurisdiction by Commissioner Howell CH/0972/2005. Unencumbered capital is not offset against debts.

[Andy Thurman]

[quote:46ecec3b37]IS cancelled on 11th March with effect from 6th February. IS overpayment of £6,000 created[/quote:46ecec3b37]

😯 😯 That’s over £1250 per week of IS! Some household! 😯 😯

[jmembery]

Claimant was repaying previously overpaid IS from deductions from Benefit. It all fell due when she came off IS.

[Author]

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