Holiday caravan

oldestrocker

enabledebra wrote: »

Upper tribunal decisions are case law and binding on decision makers and first tier tribunals.

I agree, all I was trying to show was that there could be an element of a claim that if need be, could be taken to appeal and to the Upper Tribunal.

However this is an old case (2006) and was heard before THE SOCIAL SECURITY COMMISSIONER on appeal.

enabledebra

The tribunal decision was 2006 the commissioners decision was 2007 and it was given 'reported' status (prominence) in 2008. It remains good law as do many decisions decades (or more) old. If you know of anything which has rendered this law obsolete then please post it.

petunia100

Jowo wrote: »

Here is an actual DWP guide that the decision makers use to help them understand these complex regulations.

http://www.dwp.gov.uk/docs/hbgm-bw1-assessment-of-capital.pdf

"capital includes all categories of holdings which have a clear monetary value...A person’s capital resources are represented by the amount that they beneficially own..[.that is the person who stands to gain]"

Work your way through it, it does say that caravans are excluded but I don't know if this includes static caravans with letting potential as holiday homes or if they are included as property or not. Read through it, what do you think? I am not familiar with the rules but this is obviously a key guide.

I will read this later thanks.

petunia100

woodbine wrote: »

sorry but i dont see how a caravan could be seen as a financial asset for benefit purposes,if that was the case then why not a car?

That's what I thought as well. I know several people who claim HB and yet have very expensive cars.

petunia100

oldestrocker wrote: »

Unless there is something in Case Law to test this against, I think you will in the first place have to put the case to the LA. Let them do the leg work, and if they come back saying that it is an asset, ask them on what grounds they have made that decision.

I have read that case and I note that it first of all relates to the main or only residence. Also that it is on a NON residential site.

OK yes the case could help, but if it was me, I would put it to the LA to see what they think.

Just to clarify. Her caravan is on a site that can only be used for 9 months of the year and so is not a residential site.

petunia100

Would she even be asked about this when applying do you think?
Could she say nothing if not specifically asked?

zaksmum

petunia100 wrote: »

Would she even be asked about this when applying do you think?
Could she say nothing if not specifically asked?

I certainly wouldn't volunteer any information I wasn't specifically asked for.

dmg24

zaksmum wrote: »

I certainly wouldn't volunteer any information I wasn't specifically asked for.

The form asks about capital assets - it you are not sure, you should declare the item and allow the LA to make the decision. Knowingly lying by omission is just as bad as stating a mistruth as fact.

OP, my understanding is also that a non permanent caravan is not counted as capital, however you would be best to declare it in order to avoid difficult questions later.

[Deleted User]

oldestrocker wrote: »

There is a world of difference between a touring caravan and a fixed sited holiday home.

I didnt imply there wasnt