Whose account is it anyway?

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    Neil Adamson

    HBMS identifies that one of our claimant’s holds a bank account with over £60,000 in it.

    Has an IUC during which they confirm the account is in her name but it is her brother’s money. He asked her to open the account so he could hide the money.

    He is also questioned and confirms the account and money is his but will give us no further info as it is none of our business.

    Have had cases before where I have been satisfied that an account has been legitimately held on someone’s behalf so ignored it but not so sure with this one.

    Any comments much appreciated.


    I had a similar case (again, HBMS) but the claimant said the money belonged to the ex-partner. It seems they remained on good terms after the divorce.

    I asked myself the folowing questions

    a) Is the account was solely in the name of the claimant?

    b) If so did the clamant have full control of the money?

    c) could the claimant withdraw money without any else’s permission?

    If the answers to the above were “yes” then the money was the claimants.

    I also asked myself if there was any evidence that the money belonged to someone else. If the answer was “no” I decided it would be up to the claimant to prove the money didn’t belong to them. Otherewise I would include the capital in their assessment.

    Hope this helps.

    Kevin D

    These earlier threads on “whose capital” may help:


    The above contain CDs etc.


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