Effective date for capital?

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    Clive Hayward

    Can anyone help me out here please: I’ve got a bit confused.

    If a claimant’s capital for benefit purposes is over £16000 when they claim and still over £16000 when the Council makes its HB decision, can any subsequent reduction below £16000 be taken into account if they later appeal?

    In the case I’m looking at:

    Claim made 17/05/10
    Council assesses capital as £25k on 13/07/10
    Claimant appeals 12/08/10. Council’s decision wasn’t expressed very well, but it included a decision that claimant had deprived herself of £15k. Her capital was really more like £19k (£15k deprived plus £4k actual)
    On “reconsideration” 30/09/10, deprivation decision upheld, but other (actual) capital not far over £1k, and it’s not unreasonable for her to have spent about £3k since July

    I know in this case capital exceeds £16k all the way through (i.e. even now it’s £15k deprived plus £1-£2k actual)…..but what if it had gone under £16k before today?

    Any scope to change nil entitlement decision?

    Hope this makes sense….many thanks.

    Kevin D

    The crux date is the date the decision was made on. Events after that date cannot be taken into account. However, evidence that is relevant to circumstances at or before the date of decision can be considered – even if that evidence comes into existence after the decision date.

    Clive Hayward

    Thanks Kevin

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