My client has just been disallowed HB/CTB on the grounds of deliberately depriving herself of capital.Two years ago, she gave her son £50,000 to help him purchase a holiday home in France.This was on the understanding that she and her husband used it for holidays which they do at least twice a year.At the time she gave her son the money she was not claiming HB/CTB and has only recently made a claim.
I feel that she has grounds for appeal.Any ideas?

Jeannette

The burden of proof is on the LA to show that a significant operative purpose of the deprivation was to avail oneself of benefit or to increase entitlement. In my view the LA haven't got a cat in hells chance of proving that your client could see 2 years into the future and know with sufficient certainty that her income would be low enough that she would need to claim HB, unless there is something she hasn't told you.

Regards
Paul