Verifying bank statements

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  • #38732
    hannahegan
    Participant

    I have a claim that we’ve been paying for some time. We have just recently reviewed the claim and he has delcared 4 bank accounts. He has provided bank statements for various accounts showing huge amounts of transfers between accounts. His capital is below £6k based on the statements he has provided. However he has crossed off the bank account numbers and sort codes and is refusing to provide bank statements showing these details because he doesn’t trust us to hold the information.

    I have explained that I need the account numbers in order to cross check against previous years and also so I can check the transfers are going into his other accounts. He has spoken to CAB who have said he only has to provide the last three digits of the bank account numbers. I still feel I do not have enough information to check the bank accounts. A team leader has agreed that he can come in with the bank account numbers so the transfers can be checked but that we will not hold the numbers on record. I have since spoken to the claimant who is again saying he wont show us all the numbers.

    I was just wondering other peoples’ thoughts on this please.

    #109400
    John Boxall
    Participant

    Reg 86 HB Regs 2006

    a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person´s entitlement to, or continuing entitlement to, housing benefit………

    You clearly need further details of his bank accounts ‘…..to determine that person´s entitlement to, or continuing entitlement to, housing benefit………’

    If he doesnt provide it, suspend and then terminate

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #109401
    hannahegan
    Participant

    I even quoted that to him. That’s what I thought too. Thanks

    #109402
    Anonymous
    Guest

    What John said 😉

    #109442
    michaelh
    Participant

    John is spot on, no way I would let this claim continue until the relevant statements are provided. I would be interested to know how your clmt receives his statements? Through the post probably, does make you wonder why folk beleive their bank statements are secure in the post but not secure when we have copies of them!!!!

    I do get suspicous when I see claims like this – it suggests your clmt has something to hide.

    #109444
    Kevin D
    Participant

    I also agree with John. It appears on the face of it that the clmt had, or has, capital which is then mysteriously disappearing into accounts unknown. My standard argument when dealing with appeals was along the lines of “…where the decision making authority is able to show that a claimant has held resources, the onus switches to the claimant to show s/he is no longer in possession of such resources. Where there is no satisfactory explanation, it is open for it to be found that the claimant still has such resources.” In support, I usually cited R(SB) 38/85.

    Further, depending upon the case, I also added an alternative to the effect that if the resources had indeed been spent, such expenditure was with “…a significant operative purpose…” to obtain or increase HB/CTB and, therefore, the claimant must be treated as holding such resources. Typically, CH/0264/2006 got cited with a statement to the effect of “The LA considers CH/0264/2006 fairly reflects what must be considered…”. That particular authority refers back to a much older authority and it makes two points: 1) the principle has been around for donkey’s years and 2) it is still regarded as being appropriate authority to rely on.

    At the risk of appearing insufferably immodest, I never lost a FtT in a case relying on the above arguments – but, as far as was practicable, I did make sure of the facts before proceeding.

    #109445
    hannahegan
    Participant

    Thanks for all of your comments. The claimant came in and did provide statements with the account numbers on today. I suspect he was just interested in giving us the run around!

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