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Thread: Deprivation of capital?

  1. #11
    Ps it's just a standard company pension. I've retired aged 44 on the grounds of ill health.

  2. #12
    I'm not sure I can answer much of what you asked but I can answer.....

    "Do the have a figure they deduct on a yearly basis, E.G. 5k a year until said savings would be gone. So after 4 years 20k would be considered spent and then you can claim?"

    There is an amount the law says you need to live on. When I had a lump sum of money from inheritance I saw on the housing benefit confirmation forms that the amount the law says I need to live on is around £75 per week.... So... £300 PCM or £3600 per year.

    It depends what the money is from as there are not really any set rules. I.e... I had 16k inheritance. The dwp would have been fine with me using £2000 (about 12% of the money) on a few things to remember that person by. £3000 on funeral costs. Leaving me with 11k to support myself. It's been 7 months since I had that money so at £300 PCM the law says I need to live on, thats another £2100 reduction of my capital.

    I have put in a claim for ESA after sadly hitting a low point and gambling away most of the inheritance (not to deprive myself of capital as I was claiming no benefits at the time aside from housing benefit, which I was entitled to the full amount anyway).

    I have a feeling the dwp will question this gambling, but at worst, they can only count it as if I had £8900 remaining (which I would have still if I didn't gamble).... So £12 per week knocked off my ESA based on the £1 for every £250 over £6000. That will only happen though if the dwp can prove I intentionally got rid of that capital to claim extra benefits.

    Common sense should prevail though because I don't think anyone would deliberately lose £9000 so they don't lose out on £12 a week (£624 a year) of benefits.

  3. #13
    Senior Member nukecad's Avatar
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    Just a couple of points there CarerUK:

    The DWP do not have to prove anything, quite the opposite.
    I they say "we believe you did xyz" then that's it unless you can prove you didn't.

    As with Sanctions, the DWP seem to get away with running a parallel legal system where you are guilty until proved innocent and can be financially punished fot it.

    'Common Sense' and 'DWP' are not often found in the same sentence.

    PS. That "amount the law says you need to live on".
    There is no law that says that - it's just a fiction that they put on letters.
    There are frequent FOI reqests for a copy of any law that says it.
    The amount of evasion and misinformation the DWP trot out when asked for this is amazing.
    Last edited by nukecad; 11-05-2016 at 05:26 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #14
    I mentioned earlier in this post about being in similar position. After I bought share of my flat I used some of excess disregarded income to pay off debt, buy furniture, new kitchen and prepaid funeral. For some reason the accepted my expenditures. Maybe I just had a good case worker.

  5. #15
    regarding inheritance can you help l rent my home from a housing assionsion, very sadly my mother died in my home in fact in my arms suddenly, l find l can not stay in my flat any longer due to trauma. As l have been left a sum of money l could buy a home? would it be seen as being deprivation of capital l have been to my GP as am having flashbacks and this has caused me great distress. The move also would enable me to buy a shared equity property and thus my partner could move in with me Thus give me support my partner does not claim any benefits the Bendfits l get are ESA support group HB CT means tested and inharnst pip Are you able to offer any advice thank you

  6. #16
    Senior Member nukecad's Avatar
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    I'll answer in the new thread you started about this.
    https://www.youreable.com/forums/sho...02-inheritance
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #17
    Am so sorry, can never work out how this works. Have posted on my thread ( sorry) another question regarding notifying Dwp as l have not received any moneys as yet Many thanks

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