Client at the hight of a severe heroin habbit. He receives an Occupational pension award lump sum £25+k. Gives £10k to his daughter and £10k to his mum (who later gives it him back and he spends that) The rest he spends on Heroine over a 3 months.

It is accepted he has spent some but decided he deprived himself of the £20K. and that a "significant operative purpose was to secure income support"

My (his) arguement is that

A- he new nothing of the capital limits and had absolutley no regard for these becuase he never had capital before in respect of IS and though had been claiming for about a year had always worked prior to claiming. He was totally preoccupied and emmersed in heroin he did not know the day of the week, especially after receiving the money.

B- Dispite the above he tells me he gave the money away (on the same day it went in to his bank) because he believed he would self destruct and kill himself with it by spending it all on herion. He did so to protect himself.

I would be grateful of any help. In particular caselaw relating to this subject or general info around how an individual may not have regard for capital limits in these circumstances.

Thanx

It cannot be a "significant operative purpose" if the person concerend really has no idea that having capital affects income related benefits; and another good one is if they had no intention of cleaiming such a benefit (maybe didn't even know it existed)at the tiem of the transaction.

From what you say he may have given away £10k effectively but then got the rest back and it has been spent, manifestly without any intention to do anything but feed his habit. The fact that he did spend the money his mother was foolish enough to give him back shows he was right to think that he would blow the lot.

It will depend whether he can persuade the Tribunal what was in his mind. I guess that he is on IS not JSA becasue of his mental health problems and evidence from anyone involved in his care might help to establish this. If there is anyone.