Notional Capital and Trust Fund

Asking for a Colleague-

Our clients Housing Benefit has been stopped as the Council consider him to have intentionally deprived himself of capital and as a result, have found him to have Notional Capital instead.

He made his claim for Housing Benefit in 2013. In 2017, he was awarded compensation under the Armed Forces Compensation Scheme due to injures sustained whilst serving in the Armed Forces. This money was placed directly into a trust fund in 2017, and he told the Council immediately to ensure this did not impact his Housing Benefit claim. He continued to receive HB

This year he gifted the whole sum of his compensation to his mother to help her with the purchase of her property. He has now had his HB stopped due to Notional Capital.

Is this worth appealing?

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