Pensioner living separately from partner

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    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?


    Kevin D

    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….


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


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



    Thanks Kevin- much appreciated!

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