Income Support - DWP close claim and treat mothers investements as claiments

Can anyone help? I have a 55 year old client in receipt of IB and was also in receipt of IS top up, she lives in a residential care home.

DWP via their GMS requested additional information on 9 investment accounts that they said belonged to my client totalling more than £16,000. After investigating, I ascertained that the investment accounts where actually not in my clients name, never had been and where her mother’s – not resident with my client.

DWP closed the claim and even when supply all of the evidence and having a reconsideration of the original decision, I find I am now entering into an appeal submission to the Tribunal Service.

I am trying to find some case law where DWP has interpreted capital incorrectly in order to have my client’s I/S entitlement reinstated. Any ideas?

Hi Tony, This is what is so strange about this particular case. The client’s share the same surname only and all investment companies have written to confirm that the client how is the daughter, is not known to them and not named on any of the investments. However, the decision maker seems to have not even looked at the evidence as the DWP appeal bundle has nothing from what I have submitted as evidence. I am now copying all the evidence again and am of the same opinion, this is just a case that the DWP has acted on the wrong information and I have proof to show capital does not belong to and never has belonged to my client. Thank you for your reply.