Hi,

Just a quick question.

Client in receipt of a War Disablement Pension which is disregarded in full for HB purposes meaning he has entitlement to full HB and CTB. He has been arguing with Service Personnel and Veterans Agency for the last 5 years about the amount he was awarded.

Anyway, his case finally went to tribunal last week. Tribunal agreed with client and increased his award and backdated the increased award for 5 years which has resulted in a backdated lump sum and also an award of compensation which totals approx £60K

Is anyone able to confirm how the LA should treat the £60K backdated award, is it treated as capital, which would then result in him no longer being eligible for HB or should it be treated as backdated income which would be disregarded anyway thus meaning he will still be entitled to HB?

Cheers

John

Have a look at Shelter's Guide to HB and CTB 2008/09. Page 227 explains it all.

It does indeed! Thanks for the pointer

Cheers

John

If the non-disregarded arrears were put into a trust fund is it not arguable that they are "derived from a payment made in consequence of any personal injury" ?

Philip Boyd

I was wondering about that!