benefit_advisor
welfare benefit caseworker, Eaga plc. jesmond, newcastle upon tyne
Member since 08th May 2008
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Pension Credit - disregarding capital
Fri 24-Apr-09 10:39 AM |
Hi,
I have a client who left the UK in 2005 and purchased a property in Spain. In March 2007, she sold this property and rented a property in Spain. She returned to the UK in March 2008.
She has capital of £63000.00 but advised the Pension Service that £50000.00 of that was set aside to purchase a new property. She was was deemed to have habitual residence in June 2008 and the award of PC was awarded a that time. However, they have included the £50000.00 she had set aside, in the calculation, as the 52 week disregard period for this capital had passed.
Does anybody know if there is any case law or legislation in place to show that the 52 week period should have started on her return to the UK, instead of when she actually received the capital? I know that in normal cases the capital is disregarded for 52 weeks from the date it was paid, but with the client being out of the UK for the 52 weeks after she received the capital, i am trying to agrue that she feel under no UK or benefit legislation until her return to the UK. Any help will be appreciated.
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