Am dealing with an appeal from a claimant who has been notified of superseding decisions and a large O/P following discovery of an undeclared building society account with about £23K in it.
Nice and simple so far.. but he has appealed providing evidence of two different current accounts with a combined overdraft of about £10K and arguing that his capital should be computed as the net balance of the 3 accounts.
The relevant regs don’t seem to support his argument. In my view he has capital in one account (£23K) and debts that he could either choose or not choose to repay during the relevant period. As he chose not to clear them they cannot be taken into account to offset his capital holdings.
Nevertheless I can see that his argument has a certain logic which is bound to appeal to the TTS District Chairman I generally appear before. Does anybody have any views on the merits of this argument or, better still, any legal precedent they can point me towards.
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