We may well be inheriting a possible client from another agency - very elderly who, in May 2003 sold her property for a large sum of money. Over the next two to three months she distributed the proceeds amongst her relatives, divesting herself of most of the money. During this time she did not apply for MIG as it was at that time.
For those who may be a tad suspicious, there was no coercion, and the lady is in full control of her faculties.

She subsequently applied for Pension credit together with HB/CTB and was awarded these. Eventually, the PS found out about the original capital, cancelled benefit and notified HB/CTB who did the same. At present there are quite large alleged overpayments.

The case has been to tribunal and she lost - it is now going to Commissioners which is where we may come in.

Now then - I'm sure I have seen a Comm decision that basically says you cannot deprive yourself of capital in order to gain a benefit, if that benefit did not exist at the time of the alleged intentional deprivation - as was the case in this instance. any pointers please....

Mike

The decision is R(IS)14/93 relating to IS replacing Supp' Benn'.

Regards
Paul

suitably impressed as usual - now I don't suppose anyone can point me in the direction of a link to the decision - I've tried all the usual avenues, here and elsewhere, but alas without joy ..........

......Forget my last - now found said Comm Dec

To save other people looking here's a link to R(IS) 14/93 -

http://www.osscsc.gov.uk/aspx/view.aspx?id=516

I had a similar case and the Pension Service eventually folded and revised the stop decision on the basis of official error.

I remember that the DMG Pension Credit guidance also references the case (which may be an easier way to persuade them to sort it out):

Para 84811 is as follows:

“DMs have to show people had a knowledge of
1. the SPC scheme and
2. the affect of capital on SPC
if those people deprived themselves of capital before 6.10.03”

The paragraph is footnoted with R(IS)14/93.