Carrie:
For HB/CTB, any capital held by a partner is deemed to be that of the clmt. So even if the proceeds from an asset are "joint" the whole of the money is taken into account for HB/CTB. Further, the CD quoted above confirms that the rules of "deprivation" can be applied to EITHER the clmt, or partner.
As to whether there is any deprivation in this case depends on the old test - i.e. in disposing the capital, was there any "significant operative purpose" for obtaining, or increasing, HB/CTB? Nevip's point may well be important.
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