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Top Income Support & Jobseeker's Allowance topic #7659

Subject: "Income Support Overpayment" First topic | Last topic
Ste_Higham
                              

Welfare Clerk, Stephensons Solicitors LLP, Leigh
Member since
10th Jan 2008

Income Support Overpayment
Thu 07-Jan-10 10:33 AM

Just a quick question:

Is there any provision that allows money to be disregarded if it has been borrowed with the express purpose of purchasing a property?

I know there are Regs covering borrowing money for improvements or money from the sale of a property if this is to be used to buy another property, but I can't see anything on this specific point...

My client's been overpaid because he held money for this purpose for a few months

  

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Replies to this topic
RE: Income Support Overpayment, ariadne2, 07th Jan 2010, #1
RE: Income Support Overpayment, Ste_Higham, 07th Jan 2010, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Income Support Overpayment
Thu 07-Jan-10 02:23 PM

You might have a look at the Quistclose type of resulting trust (generally the only sort of resulting trust that the DWP seems capable of recognising, or perhaps only quoting in submissions - I don't think they've the foggiest what it is about).

Quistclose could apply if the loan was made on terms that unless it was used to buy a property within a certain period it had to be repaid intact and possibly even with interest. If the loan, under its terms, could ONLY be used for this one purpose, then it would not be treated as the client's capital as it was not available to the client to use for any other purpose. This is not the same thing as a disregard - it is about whether it is capital at all.

I would guess that this was a private loan, probably from a family member, rather than an unsecured personal loan from a financial institution?

  

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Ste_Higham
                              

Welfare Clerk, Stephensons Solicitors LLP, Leigh
Member since
10th Jan 2008

RE: Income Support Overpayment
Thu 07-Jan-10 03:46 PM

My original inclination was a trust argument, but I was just wondering whether there was an available disregard first as this would be more certain than arguing in trust.

Unfortunately this was a personal loan from a highstreet bank and there were no conditions attached as to use so I doubt there's a trust argument anyway...

  

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Top Income Support & Jobseeker's Allowance topic #7659First topic | Last topic