Pensioner living separately from partner

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #37942
    nigglet1
    Participant

    Hi

    Have a bit of a complex one here!

    Pensioner in a relationship with a lady from West Africa- he pays for her son to attend private schooling in Denmark and then she joins him here in UK. Recently she moves out (he states there was no room for them). He then does an equity release on his property and pays her in total over £100k for various things, i.e. son’s education, rent etc.

    We have cancelled the claim as we felt his capital was over the £16k mark and therefore he has deprived himself of this. He is disputing this, however he then told us they are still together but living apart.

    I know that we can’t treat them as LT as they are living separately and no intention of living together- but what about the capital. Are we right to treat him as still having the capital?

    Thanks

    #106786
    Kevin D
    Participant

    There seem to be three options:

    1) decide the clmt is still the beneficial owner of the capital (effectively saying it is still his, but merely held by someone else and wasn’t given away as stated); and/or

    2) a significant operative purpose in giving away the money was to obtain / increase benefit (legal authority is conflicting on whether the clmt should have considered the future); or

    3) he’s telling the truth, in which case HB/CTB is payable, subject to being otherwise entitled.

    Bear in mind it is acceptable to make “1” and “2” parts of the same decision, with “2” being in the alternative (if that is what you think is the correct decision). I make one observation: he’s happy to pay someone else’s rent, but not his own? Hmmm….

    #106789
    nickkeogh
    Participant

    If number 3 is correct then he needs someone to have a word.

    #106793
    nigglet1
    Participant

    [quote=nickkeogh]If number 3 is correct then he needs someone to have a word.[/quote]

    lol!

    #106794
    nigglet1
    Participant

    Thanks Kevin- much appreciated!

Viewing 5 posts - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.