End of GC due to depravation of capital

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  • #20456
    Anonymous
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    HI, can anyone point me in the right direction of suggested action please?? A customer was in receipt of GC, and we have received notice from PS that from Dec 2007 customer has capital of over £100k so they have ceased his GC and he now gets only SRP. The PS has received info from the clmnts previous Council to show that he had a property that he has given away and so they are treating this as depravation. I have contacted PS about this but they wont give me any information about it. I have emailed his previous Council to see what info they had, and if they will pass any evidence on to me, but I have not heard anything back from them. In the meantime, I am not sure what to do. Are we bound to use the capital figure from the PS? They have given us an AIF + the amount of his capital. The customer is in rented accom and so as he is not getting HB or CTB has written in to us to appeal our decision, as he states that the PS have got it wrong and that it was his wifes property solely an he has never owned one. They havent dealt with his appeal yet, but what do we do in the meantime?? We havent had one like this so far! Thanks Therese

    #3009
    Anonymous
    Guest

    The assessment of capital by DWP in an AIF is only binding on the LA in a Savings Credit case, which this is not. The Commissioners have observed on a few occasions that it is obviously messy to have decision makers in different jursidictions drawing different conclusions about the same facts, but there is nothing in the law to say they cannot do that except in the limited situations where the structure of the HB legislation has the effect of making a DWP means test decision override the Council’s own view (the AIF being an example of that).

    So what you have is a claimant who doesn’t get Pension Credit and it is for you to do your own means test.

    Some might argue that the Social Security Claims and Information Regs of last year require the Council to follow DWP’s means testing decisions but personally I think that is a complete misinterpretation of what was essentially a procedural measure to make life more efficient for the claimant: there is nothing in the Claims and Info Regs that requires the Council to accept legal or factual conclusions drawn from the evidence, all those Regs are for is to stop the claimant having to provide the same thing twice.

    #3010
    Anonymous
    Guest

    Thanks very much. Therese

    #3011
    markp
    Participant

    Someone has to do this!

    Depraved capital! The mind boggles!!

    Mind you it’s equally bizarre to think of deprived capital!!

    Do I know what I'm doing? The jury's out on that........................

    #3012
    Anonymous
    Guest

    😆

    #3013
    Anonymous
    Guest

    😳

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