Hi Ian and Jim, thanks for your postings (we lack resources like social security legislation books etc etc)and all the research and deciphering you've obviously done, really appreciated.
You've done wonders for my sanity and confirmed what i knew but couldn't articulate by quoting the relevant regs for PC.
I shouldn't have given you some back ground about the client so here goes!
We received a referral from a local day care centre for one of their clients suggesting she had been visited by the local fraud squad (summer 2005) because she had excess savings ie £70 000 etc etc from autumn 2004, at that time she was IS,HB,CTB (as well as life time award of DLA - very severe physical health issues)and then turned 60 and went on to PC spring 2005).
Anyway interviewed her and to cut a long story short she showed me a copy of a statement she had signed saying she had £70,000 in savings.
She then told she was a beneficary of a non discretionary trust left to her by her mum and that it amounted to £70 000 and that she had given £50 000 to her sons as that was what her mum wanted etc.
Anyway to cut a very long story short, i wrote to the Trustee and discovered that it was discretionary trust and there were several beneficiaries and she had received £4000 in total for essential household items, (basically she also had severe mental health issues and was highly suggestible and was prone to grandiose ideation).
To cut another long story short sent a submission (quoting all the regs for IS,HB,CTB but not PC - THAT TEACH ME) in along with all the evidence etc etc eg letters from trustees in reply to my letters asking a string of questions spelling out it's a discretionary trust and details of any monies she had received etc) and well you can guess the rest.
Anyway the original idea was that the DM would look at the evidence and make the right decision in her favour, but alas, still just have to do the obvious and make sure she gets her bit of social justice.
see ya andy
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