Hello all. I have these clients who have recently returned from south Africa where they owned a house. It has been on the market since last July but is not selling. I understand the market is terrible and so selling is unlikely. Pension Service have refused Pension credit as they are counting property as Capital. I am wishing to appeal on the grounds that they are making 'reasonable steps to sell'.Wondered if anyone out there has successfully or even unsuccessfully argued this and has any pointers for me. Thank You

If it is literally unsellable it may have no ascertainable value. Can you get any evidence?

Good ideas...how do I prove it is unsellable? The cost of the house seems to be in line with the norm over there and they have reduced it recently .

Pension Service must have decided he is not taking "reasonable steps" to realise the value of the asset. If they haven't then the decision could easily be challenged on a reconsideration. If they have then find out how they arrived at their decision; this will give you the clues to follow up and challenge the decision.

It may be that he is seeking an unrealistic price for the property in the current economic climate; has he had a recent valuation, if not perhaps he should get one. As long as he is asking a market price, and it is actively being marketed without any restrictions then he is taking all "reasonable steps" and it should be quite easy to get the decision overturned on reconsideration or appeal.

Have a look at R(JSA) 1/02 for guidance as to how the DWP should approach valuation.

Thanks will ask for new valuation

Don't know if this helps. It popped up in NLJ in my mailbox today.

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