I have a pensioner who has blown £75k in less than a year on gambling.
He has a compulsary purchase order on his home and received the money. He is a gambling addict and he has all of his slips for the last year.
Is there any case law to support such a claim for PC.

For pension credit purposes, you are treated as having notional capital if you deliberately deprive yourself of capital in order to claim or increase benefit (regulation 21 of the State Pension Credit Regulations 2002).

In your client's case it sounds more like he's a gambling addict than someone who motivation was to claim benefit.

Thanks Ken
Thats what I thought myself.

Wed 17-Dec-08 08:27 PM by Tony Bowman

Sounds legit to me and worthy of argument around 'significant operative purpose', but be prepared for a fight!

I have forthcoming appeals for a client who got rid of the same amount in three weeks! The PS's administration of his supersession appeal and new claim has been far more biased than usual (they probably think it's sewn up!), resulting in serious delays and problems with the administration of his appeal and new claim - even when client was seriously facing homelessness. I did far more than they asked for to assist the DM process as well.

Maybe the time of year will help...

GL!!

thanks Tony
I have spoken to client and he given me betting slips for the last few months. shoe box full...interesting times ahead. I sent a covering letter with the new claim I know that this claim will take several weeks/months, fortunately client has IB in payment..

Steph,

Just wondering how you are getting on with your case? Mine is going from bad to worse and the apparent judgementalism of the pension service has caused all kinds of headaches with both the old, superseded claim, and the new claim.

I've just sent a stage 2 complaint and it looks like we're in it for the long-term with this one. How about your case? Are you fairing any better?

Tony

several years ago i had a similar case. my client blew approx £150000 in 18 months and had his claims for pension credit and housing benefit refused as he couldnt acount for where the money went.

eventually he came clean and admitted to have gambled it away, having previously denied that was the case.

until he admitted to gambling, the case was going nowehere as he tried to pin the blame anywhere except at himself, including at one time trying to suggest the bank had fleeced him. once he came clean, all parties seemed to accept he hadnt intentionally deprived himself of his capital and his claims were processed.

The case is still at the pension service awaiting an assessment. I told them that I have the 'bookies lines' but they haven't come back to me yet. HB/CTB have already disallowed the claim.

I will let everbody know whenever I get a decision..
Tony 19/01/09... Sorry for the delay too busy chasing funding to do my job....