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Deprivation of capital due to claimants given his own home to his children

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Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

In answer to nevip: fair enough. I hadn’t really thought of it in those terms - the vast bulk of my experience is in the county court, so I tend to see things much more in terms of putting the claimant to proof, but as you say, that’s not really how the tribunal works.

Perhaps to add to your point; regardless of considerations about tribunals, it makes sense to try and get them to make the first decision right if at all possible - definitely preferable to having to go through reconsiderations and appeals. If you can explain why it’s the right decision at the start, you’re unlikely to harm your case.

In answer to Patricia: It might be worth reminding the client that the (Guarantee) PC decision is likely to be the most important one - there are no capital limits as such (it all depends on deemed income from capital), and HB have to pay if PC do.