effective date of capital

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  • #31571

    Can somebody just confirm that my thinking is correct. We have a claimant who was receiving hb/ctb based on AIF and PCS. He inherited a property from his father on death. He was the only recipient in the will and the father died on 04/03/08. However, probate was not granted until 23/07/08, so he was not able to actually call the property his or attempt to sell it until July 08. The DWP have cancelled his PCS with effect from March 08 and he has appealed, on the basis that it should not have been cancelled until July 08. Am I correct in thinking that his capital should not be included until July??


    Until probate is granted, it is not the claimant’s money. There could be other claims against the will or debts etc. It isd not yours until it is yours ….if you see what I mean!

    8) 😆


    There may be an exception to what Peter says. In Commissioners Decision CIS 1189 2003, a claimant was left a property by her mother. The claimant stated she was not a beneficial owner as probate had not been granted. It appears she never applied for it as she said she could not afford the £130. The Commissioner held that the property was still beneficially hers as she could easily have obtained a loan for this. It may be worthwhile contacting the DWP to see why they made that decision.

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