Can anyone point me towards any caselaw which might show that it is reasonable to allow a claim fpr pension credit from someone who has been trying to sell a property for more than 26 weeks? I have an elderly lady who has moved into rented accommodation from abroad because of her ill health. She has been trying to sell her home abroad for more than 26 weeks in total, although it has been on and off the market in recent years, and was only put back onto the market in late 2008 when she decided she must return home for her health. So far, claims for PC, HB and CTB have all been refused because she told them that she started trying to sell the porperty in 2006.
She would like to appeal on the grounds that benefit can be paid past the 26 weeks if reasonable discretion is used; and that she only decided to return home late in 2008, health grounds etc... I am looking for anything to back up her claim that using discretion in this way would be reasonable!
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