Using notional capital provided by TPS when not getting PC

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 7 posts - 1 through 7 (of 7 total)
  • Author
    Posts
  • #22745
    Vix
    Participant

    Scenario:

    Customer getting Guaranteed PC which is cancelled due to fraud investigation as capital over £16K. TPS decided that customer deprived herself of £63K and notifed us. We have terminated HB/CTB accordingly & created O/P.

    Customer is appealing against overpayment and termination of bens to us (which I’m submitting as OOJ) & TPS.

    She has reapplied for both PC & HB/CTB and we have refused her new claim on the grounds of notional capital of £57K although the only income she has is her state pension.

    Her solicitors have asked for the exact regulation that states we can take TPS information into account when she is not in receipt of pension credit?

    please help!

    #9405
    simonh
    Participant

    I’m not sure that you can. You will need to carry out your own investigation into the deprevation issue, and then make your own decision.

    #9406
    Vix
    Participant

    We have the fraud report from the Council that started the investigation which was sent to TPS who conducted their own investigation.
    By the time this was done, the claimant had moved into our area and we then received the end of entitlment notice & cancelled benefit.

    #9407
    simonh
    Participant

    Sounds like you have sufficient evidence to make your own decision if the clt deprived herself of capital or not. Your decision is then your own and not based on any taken by TPS

    #9408
    Vix
    Participant

    So I can just use reg 43 HB(SPC) Regs – capital exceeds £16000, based on the evidence in our possesion?

    The claimant has already been into the offices today and got ‘a bit shirty’ to say the least, telling us that we couldn’t do that but I couldn’t find any regulations to specifically say that I could!

    #9409
    Anonymous
    Guest

    It’s up to the decision maker to make the decision.
    If the decision is made according to the legislation, and you are happy that YOU have the evidence that the person has over £16k capital, then thats it.
    Reg 43 as you outline seems fine,
    You mention in your post’s title that it is notional capital, in which case I would also refer to the relevant part of Reg 47. 8)

    #9410
    Vix
    Participant

    thank you for your help. I have made my decision!

Viewing 7 posts - 1 through 7 (of 7 total)
  • You must be logged in to reply to this topic.