I have just taken on the following case and would be grateful for any input. My client is a 56 year old widow who came to the UK from Cyprus around 10-12 years ago. She speaks no English and her husband dealt with all their joint affairs until his death in 2007.
My client's husband was given a property in Turkish Cyprus in 1974, after the war and (we think) was given the deeds several years later. My client and her husband lived in the property until 1996 when they gave it to their adult son as a wedding gift. No money changed hands. My client's solicitor in Cyprus has confirmed the above.
My client made a claim over the phone for Income Support in May 2008 with a friend translating for her - unfortunately they misunderstood the question about any other property and stated that she still owned the property in Cyprus and that her son lived in it. Since then my client has not, as requested, provided the deeds of transfer (she is under the impression she would have to go to Cyprus to do this and cannot afford to do so - I will be contacting her solicitor in Cyprus straight away to try to resolve this) and so has had no Income Support. Her adult children who live in the UK have supported her financially and both have provided letters to say they have done so to the HB office. Now my client's HB / CTB has stopped and an HB overpayment of £11,000 created.
My client has a Support Worker as she has needed support around bill paying etc. She is vulnerable as she is quite trusting and naive. She has suffered from depression since her husband's death. She has been claiming JSA since March 2009.

Based on the info given, keep it simple:

1) Appeal to the DWP against both the substance of the decision (i.e. arguing straightforwardly your client doesn't own such a property) and, separately,

2) Appeal to the LA on the same grounds.

3) Ask the Tribunal Service (can't recall its current name) to schedule both appeals to be heard concurrently.

A couple of tips....

IS: Cover your options. Argue the property isn't your clients. However, its always possible a Tribunal could find for the DWP. Therefore, include in your appeal, even if on the basis of "as an aside", observations as to whether or not:

1) the DWP has established the value of the property is in fact over £8,000 / £16,000 at all relevant times (don't forget the 10% deduction and THEN ant encumbrances);

2) the DWP has undertaken a MANDATORY calculation of "diminution of capital" (Regulation 14 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988)

HB/CTB: Same arguments -

- has the LA attempted to find out whether or not yout client would in any case have been entitled? If the LA has simply "cancelled" benefit, it is *possible* it has entirely failed to follow the law.

- diminution of cap (HBR 103 / CTBR 88)


For the diminution calc, see CH/0314/2007.

NB: Make sure any appeals are signed / counter-signed by your client. There are all sorts of arguments as to whether a rep can / can't. My advice is just avoid those potential difficulties at the outset by getting the signature.