Entitlement Issue

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  • #39329
    Martin Giles
    Participant

    Customer has been claiming Income Support and Housing Benefit for many years however it has now been established that they have an account with approx £50k in! DWP have removed IS entitlement and consequently HB overpayment will follow.

    However the monies and other assets have currently been frozen by Court Order and customer has no access to them at the moment. In view of this they now wish to claim HB on the basis of their current income and no capital (no access).

    I am not sure if I am correct in my view that I should not pay !

    #111777
    Chris Robbins
    Participant

    I think you need more details here. Why has the account been frozen? Is it disputed ownership or something to do wuith criminal charges?
    If the former then it is disregarded as capital not available. If the latter then there should be provision for the claimant to access monies for reasonable living expenses (i.e. rent).

    #111785
    Martin Giles
    Participant

    Chris it is frozen due to pending Criminal Investigation proceedings. There is a restraint order preventing disposal of assets. Is it correct that she can request the release of some funds (e.g £500 – £1000 ) to meet current living expenses e.g. rent payments and I would therfore be correct in refusing HB claim ?

    #111792
    Chris Robbins
    Participant

    This is not a speciality of mine, but the order must have been made under the provisions of the Proceeds of Crime Act.
    My previous post really related to available assets to pay the rent, but of course your claimant was relying on IS and HB. What are their current circumstances? IS has been stopped so what are they living on? Is there any identifiable source of income? Has this disputed account had much activity on it over the years? Is there evidence that it has built up as the result of criminal activity?
    The question really is, when the order was made did the claimant not have to provide income and expenditure details so that the order could be made appropriate to the claimant’s circumstances?

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