Client and husband have sold house. They have a joint capital of £31,000.00 remaining. They have each taken £15,500.00. Client would like to assist her daughter to buy a property, which she intends to live in with her daughter. Would this be considered to be deliberate deprivation? Would it make a difference if she has proprietry interest in daughter's property? Does she need to live with daughter?

Are they still a couple?
What kind of interest might she hold?
Does she / they have any income or other capital?

They are still a couple as they made a homelessness application and are in temporary accommodation provided by the local authority. She has spoken of not wanting to stay with her husband. He is 70, she is 68.
She is in receipt of saving pension credit, only other income is state pension. Before the sale of the house she was receiving guaranteed pension credit.He receives a small occupational pension.

They have been found intentionally homeless, which probably cannot be challenged (falsified income to get the mortgage on the advice of a broker, no proof of income was asked for and they were both pensioners).

We had considered that she should have an interest in the property for security.

I would like to know whether she would be eligible for guaranteed pension credit if she uses the money in this way.

As they're still a couple you can't separate their income or capital.

Lots of questions I'm afraid.

Their income is, presumably, RP, OP, and SPC. Has this been assessed using 31,000 of capital giving a tariff income of about 50pw? Would dropping the tariff income to 18pw by disposing of the 15k give them GPC? Would it increase or decrease their SPC?

Were they in an AIP before? If so was there a change in the 'needs' side of the assessment or was there a supercession?

Would they both move in with the daughter? Is benefits increase a SOP, in other words would they still give the daughter the cash if they weren't going to get GPC?

Thank you for your reply. I am trying to obtain the income details for clarity.