Strange capital query.

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    As if our jobs aren’t complicated enough..I’ve an appeal form a clmt who’s disagreed with our decision NOT to take an amount of capital into account in his claim!
    Our clmt gave his daughter £7k of premium bonds – these were sold back to NSI and purchased again in her name as it’s a condition that they are not transferable. The dtr had a claim for HB and when her LA later discovered these undeclared bonds, they were applied to her claim and created an overpayment – she has since appealed this decision and it has been sent to the Tribunal. In March 06, the bonds were again sold and purchased this time in the father’s name (our clmt), so from the date on the registration certificate only they have been included in his claim as his capital.
    He later (I would imagine as a result of his dtr being advised of her o/p) wrote to us and requested us to take the premium bonds into a/c in his claim from the outset (they weren’t declared on his initial/subsequent claim forms) and advised he would repay any overpayment as a result. A decision was made on this request and he was notified that the capital would only be included in his claim from the date it was legally his – there is no trust or covenant to suggest that these bonds were only being held by the daughter for safe-keeping.
    He has now appealed this decision and the problem I have is keeping it as simple as possible when quoting the regs.
    Please, does anyone have any ideas?


    First thought: why doesn’t he just pay back his daughter’s overpayment instead? A lot simpler.

    But then there are other factors aren’t there?

    – if he is over 60 and she isn’t, the tariff income is a lot less on his claim and there is next to no overpayment
    – if one or other of them already had some capital apart from this amount, it could take them over the limit, or at least crank up the tariff income by as much as £32

    But have you established whether it actually makes all that much difference which one of them is overpaid? If he sees a comparative set of figures he might be deterred from prsuing the appeal


    His overpayment would only be from July 05 whereas hers goes back I believe quite some time – the bonds were transferred to her in 1993.

    Kevin D

    These earlier threads on “whose capital” may help:

    The above contain CD citations etc.

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