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Forum Home  →  Discussion  →  Housing costs  →  Thread

LA bound by IS Decision?

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

Just picked this case up and will represent tomorrow. Refusal of HB due to excess capital, client in threat of eviction.

Money transferred into her account by mum following sale of property, won’t go into details as we have a good case here with all the paper trails.

Just need to check - client was on IS shortly after money transferred into one of her separate accounts (not her main account). She did not declare it on the IS claim as it was her mum’s money. IS never asked her for bank statements etc.

LA are saying they are not bound by capital decision of DWP in this case as there is a reasonable doubt as to DWP’s decision.

Is this correct? I remember something on this….case law somewhere?

She is no longer on IS but was at date of LA’s decision.

Many thanks as always!

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Joined: 28 June 2010

Were you thinking of R(H)9/04 ?

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Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Total Posts: 427

Joined: 28 June 2010

Or this may suit the circs of your case better - CH/1987/2009

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PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

That’s great, many thanks!