I am hoping to help client with regards to an appeal on deprivation of capital.

She signed off Income Support in April 2004 as she had obtained capital of £25,000. Signed back onto Income Support in August 2004 as her capital had by then reduced to £7,000.

Looking at the receipts etc available the DWP held that she had a total of £11,000 as so would not reaward Income Support (client cannot remember what any other expenditure was for so difficult to get the figure any lower)

However the DWP only made the decision not to award her Income Support at the end of December 2004 - 18 weeks after she first claimed.

If you look at her expenditure between August and December - Income Support she would have received, rent payments and council tax payments etc then her capital would have been less than £8,000 by the date of the decision.

Would like to attempt to argue that Income Support should have been awarded from date of decision at least - is there any scope in this or will I be laughed out of venue

Have they decided she had actual capital of £11000, or notional?

If it's notional, can't see any problem at all with the argument although you might have to show that the DWP could consider 'down to the date of the decision'. The reasoning in a hab res decision (CIS/3280/2003 which was made with two more) could be useful here - although there might be more relevant decisions yet I don't know about.

If it's actual capital, can she now show she's spent some more? Tribunal might even accept she'd spent the money legitimately anyway, if there's some reason for the vagueness as to the details.

And as for being laughed at...well, they used to laugh at me. Now they just look at me piteously.

thats great - thanks a lot for your help - am also glad to know that other people get laughed at as well!!