× Members

Deprivation of Wealth

More
10 years 6 months ago - 10 years 6 months ago #126375 by dizzy55
Deprivation of Wealth was created by dizzy55
Hi

I wonder if you could help please.

My Daughter is currently on Income Related ESA and lives in a property with a mortgage for which she receives SMI which pays the interest.

Due to ill health, her and her Family need to move to a house nearer us and with a 2nd toilet which costs more. We are willing to fund the difference between their old house and the new.

My question is this. Would us 'gifting' her the difference be seen as 'deprivation of wealth' with regards to the ESA? If this is the case, could the property be owned jointly and a Declaration of Trust drawn up?

We are seeking help from a Solicitor but apparently each case is considered seperately.

Just wondering if anyone has any experience of the above situation please.

Many thanks
Dizzy 55
Last edit: 10 years 6 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
10 years 6 months ago #126376 by slugsta
Replied by slugsta on topic Deprivation of Wealth
Hi Dizzy,

Deprivation of Capital happens when the DWP believe that a claimant has spent, disposed of or refused money in order to gain benefits. Spending in order to buy the house in which you live is usually considered acceptable but,as you have heard, the rules are not terribly clear and each Decision Maker can interpret them differently.

From what you have explained, I don't think your daughter will have a problem but you are right to get a solicitor to look at your plans. If you are going to do this, make sure you use one who understands benefits law, don't take the word of anyone else!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: dizzy55

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.