Diminution of capital HB Reg 103& CTB Reg 88

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  • #44809
    dayglow
    Participant

    I have an appeal, where it was discovered that the appellant had undisclosed capital, which was in excess of the upper threshold.

    I have also received a copy of the DWP’s letter to the appellant advising them that they have been overpaid IS, and showing their calculation of their overpayment.

    Looking at the DWP’s calculation there are periods where they state that the appellant had no payable IS, but some periods where the DWP states that there is an amount of IS payable, although not the full award as there is an excess payment of IS, and these periods are where they have reduced the capital under their diminution of capital regulations (but the amount of “actual” capital the appellant has does not go below the upper threshold throughout this period).

    My question is this, does paragraph 5 of Schedule 6 to the HBR 2006 & paragraph 5 of Schedule 5 of the CTBR 2006 have affect for the periods that the DWP calculate that there would have been an entitlement to IS albeit a reduced one, based on their application of their diminution of capital regulations.

    View on this would be helpful.

    #126398
    Anonymous
    Inactive

    If the periods where IS ‘is payable’ were created by the DWP’s DofC calculation, i don’t think you can treat the claimant as actually on/ entitled to IS, as this is purely a way of calculating their net overpayment.

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