Just a simple one - I hope - to keep you going between turkey meals.

Are we obliged, with Pension Credit (Savings Credit only) claimants, to use the capital figure which The Pension Service is using, or should we use the ACTUAL capital figure? If we must use the TPS figure, rather than ACTUAL figure, what do we do if we discover capital > £16000?

If the clmt has claimed, but is not entitled to, PC(S), the LA can either follows the figures used by the Pensions Service, or make its own assessment.

If there is actual entitlement to PC(S), the LA must normally follow the figures used by the Pension Service. However, there are two main exceptions:

1) If the capital was originally assessed by the PS as being less than £16,000 AND there is an "assessed income period", but capital subsequently rises above £16,000, the LA must apply the clmt's actual capital.

2) If it is a case where there has been an error by the Pension Service, the LA can go behind the PS assessment (case law applies - R v South Ribble BC ex p HAMILTON (2000) Indep CA). BUT, if the PS are aware of the true circs and have positively decided not to reassess the PC award, then the LA can only rely on Hamilton if they can show that the PC award was not lawfully correct.

Hope that helps.

Thanks, Kevin.

So shouldn't the DWP HCTB1(PCA) form ask for a declaration of capital?

Rob

Kevin, could you possibly give me a link to R v South Ribble BC also to the Reg that determines that the LA MUST (as they tell me) use the PC(S) figure (just can't find it online). Have a case that is caught up with a long since PService determination of notional capital and delays in their calculations of reducing notional capital : LA just say thay have to follow the PC figure so won't do thier own reducing figures to bring us under £16000 to enable HB/CTB to resurrect.
Many thanks
Sue

Reg: HBR(SPC) 27(7)&(8)
www.opsi.gov.uk/SI/si2006/20060214.htm

Hamilton:
www.rightsnet.org.uk/pdfs/R_V_South_Ribble_DC_exp_Hamilton.doc


Regards

Sue:

Should have mentioned that if capital REDUCES, the LA is correct in still following the AIF. The reg only applies to INCREASES in capital.

However, the Pension Service should change their assessment and, in turn, the LA should eventually get a revised notification of income / capital etc.

Regards

Many thanks Kevin. Very helpful,

Sue