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Capital v Maintenance

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  • June 13, 2006 at 11:12 am #22320
    Neil Adamson
    Participant

    Its good to be back!

    Couple separate. Husband clears out their entire savings but wife manages to hang onto the car which he wants too!

    They strike a deal and he returns to her £5000 as her “share” of their original savings and he gets the car.

    Lady claims IS and is refused as they have treated the £5000 as maintenance for the next year.

    This sounds very wrong to me?

    June 13, 2006 at 11:40 am #7555
    Kevin D
    Participant

    Based on the info given, I agree with you Neil.

    Unless the capital is attributable to a period, it should be capital. The only other thought that comes to mind is the possibility of a “deeming” provision in the IS regs. But, if no deeming provision, I’d be happy to represent the clmt at Tribunal on this one…. 😈

    Regards

    June 13, 2006 at 11:47 am #7556
    Neil Adamson
    Participant

    we rang and dwp confirmed that she had appealed but it had not been dealt with within their specified period but the claim had now been passed to “some bloke called Tas”!

    June 13, 2006 at 11:52 am #7557
    Hilly
    Participant

    Should have kept the car!

    8)

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