Busted1 - I've only just spotted this, but assuming the issue isn't resolved, could I strongly suggest you take a look at what the guidance for DWP decision makers regarding capital actually says? I can't post the link because the forum software won't let me (new user), but if you google dmgch29.pdf you'll find it. You want para 29070 onwards. I'm rusty about this. but as I understand it the BA need to consider two things. First is whether you are the legal owner of the capital in question. As it's in an account in your name, then it seems to me likely that you are the legal owner. Before taking it into account however they then also have to consider who is the beneficial owner - i.e. who can actually access and use the capital for their own purposes. Usually the legal owner is also the beneficial owner, however in this case you are asserting that the beneficial owner is your brother. It would strengthen your case if there was a trust agreement drawn up when the account was created, especially as you assert the capital's beneficial owner is a close adult relative. Evidence from your brother in writing isn't required, but it will certainly help. The law does allow someone to be the legal owner of capital in which they have no personal beneficial interest and that capital not to be taken into account against their claim - a classsic example is a parent holding a trust fund for a child. Please note that the rules are different for Housing Benefit, I believe. It is for you to prove you are not the beneficial owner. It is important you are open and honest with the Benefts Agency. This isn't a matter of morality or ethics, the "right thing to do", it's a matter of facts and correctly applying the relevant law and what they decide will come down to what they believe the facts actually are and how they interpret the law. Do not volunteer to close your claim - it won't make any alleged overpayment "go away" as they can still pursue you for it, and if they are considering prosecution it won't necessarily put them off that either. If the BA decide against you it is always worth appealing to a Tribunal to get a second stage reconsideration of your case. ‎ I strongly suggest that you see someone who's an expert in benefits law face to face as this kind of thing can be horribly complicated to sort out. The law isn't simple, every case is different, decisions are made on the facts of individual cases and there's no guarantee the Benefits Agency staff will correctly interpret their own law. You could try your local CAB or local authority welfare rights or similar, or a solicitor who specialises in benefits law.