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Top Decision Making and Appeals topic #442

Subject: "Deprivation of capital" First topic | Last topic
Andrew_Fisher
                              

Welfare Rights Adviser, Stevenage Citizens Advice Bureau
Member since
23rd Jan 2004

Deprivation of capital
Tue 24-Aug-04 10:00 AM

Client was in abusive relationship and had to leave property with nothing except children. Court order of tens of thousands in order for her to 'set up home'. Whilst waiting for ex to pay took out loans to get things she needed on strength of knowing about to get lump sum. When gets lump sum does use it to buy furniture, car, (also holiday as been v stressed for years / violence / abduction fo children) pays off debts incurred etc.

I'm intending to argue that significant operative purpose was clearly to abide by court order (side problem that client has never had a copy due to incompetent solicitors on her side) so deprivation rules should not apply.

Does anyone have any supporting caselaw on that vein, or any ideas of possible tribunal resistance points?

many thanks

  

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Top Decision Making and Appeals topic #442First topic | Last topic