As it's JSA, I'm assuming that both the HB/CTB claimant and partner are aged under 60.
Strictly on the basis that income-based JSA has been awarded, the LA is simply wrong. The only basis the LA could legitimately withhold payment would be if the DWP is/was not aware of the circs in question. However, your post *appears* to imply the DWP is/was aware of the expended capital.
All income and capital is ignored for HB/CTB when a claimant and/or partner is receiving, and is lawfully entitled to, a passporting benefit. Relevant legislation is:
HB: Sch 6; para 5 CTB: Sch 5; para 5
Similar provisions apply to earned and unearned income:
HB: Sch 4, para 12 & Sch 5, para 4 CTB: Sch 3, para 12 & Sch 4, para 4
My advice is to submit a formal appeal for a Tribunal hearing, keeping the appeal simple. i.e. "I wish to appeal against (decision). The grounds are that all capital is disregarded for HB/CTB purposes and the Council is required to award HB/CTB on the basis of nil income and nil capital as I am on a passporting benefit. Relevant legislation is....".
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