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Top Housing Benefit & Council Tax Benefit topic #705

Subject: "Loan from a friend - Income?" First topic | Last topic
phil storey
                              

Training and Development Manager, Fulham CAB
Member since
14th Sep 2004

Loan from a friend - Income?
Tue 14-Sep-04 08:41 AM

Lone parent who had a period from April 02 - Dec 03 when she was refused HB/CTB as she had no tenancy agreement. It was later accepted that her tenancy was valid but they then refused the claim on the grounds that during the period of nil benefit she had borrowed regular sums of money from friends and this should be treated as income. Client also borrowed from credit cards and this may also have been treated as income.
HB/CTB have not quoted any Regs and appeal is place, but canot find anything in Zebedee regarding this situation.
Does anyone know of caselaw addressing this situation?

  

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Replies to this topic
RE: Loan from a friend - Income?, mike shermer, 14th Sep 2004, #1
RE: Loan from a friend - Income?, Paul Stagg, 14th Sep 2004, #2

mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Loan from a friend - Income?
Tue 14-Sep-04 09:13 AM

Has the LA got a complete and detailed list of these borrowings from friends - dates, amounts etc? It would appear from your posting that they either have evidence, or are assuming that these borrowings were in excess of her weekly applicable amount which, unless one has quite generous friends, seems a tad unlikely particularly given the length of time involved.

Does the decision notice show the way that her benefit (or non entitlement) has been calculated, in a manner in which the claimant can understand?.

  

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Paul Stagg
                              

Barrister, 1 Chancery Lane
Member since
19th Feb 2004

RE: Loan from a friend - Income?
Tue 14-Sep-04 11:04 AM

See CH/3013/2003 which contains a valuable discussion of the treatment of loans as resources.

  

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Top Housing Benefit & Council Tax Benefit topic #705First topic | Last topic