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Living rent free
- Finni
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4 years 1 month ago #257692 by Finni
Living rent free was created by Finni
Someone recieving ESA is allowed to rent free in an entire 4 bedroom house to themselves. No one else lives in the house.
Could the DWP say the has a theoretical income from this arrangement and reduce their ESA?
(The claimant lives in a friend's empty house without paying rent in order for the property to avoid "empty house" penalty on the council tax.)
Could the DWP say the has a theoretical income from this arrangement and reduce their ESA?
(The claimant lives in a friend's empty house without paying rent in order for the property to avoid "empty house" penalty on the council tax.)
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- Gary
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4 years 1 month ago #257699 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Living rent free
Hi Finni
Short answer is no,
You do not say which type of ESA the claimant is receiving, ESA is not dependent on where you live but could be dependent on who you live with depending on the type of ESA you are in receipt of.
Gary
Short answer is no,
You do not say which type of ESA the claimant is receiving, ESA is not dependent on where you live but could be dependent on who you live with depending on the type of ESA you are in receipt of.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mr B
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4 years 1 month ago #257701 by Mr B
Replied by Mr B on topic Living rent free
Hi Finni
As Gary has said the answer is no.
'Could the DWP say the has a theoretical income from this arrangement and reduce their ESA?'
What is 'theoretical income' I wonder?
ESA does not cover housing costs so I can't see how this arrangement is costing the benefit system more, in fact it could well be saving it money! If the ESA claimant was living somewhere else where rent was payable he may be eligible to receive Housing Benefit and if so that would cost the benefit system more wouldn't it?
Perhaps the claimant should be left in peace Finni!
Kind regards
Mr B
As Gary has said the answer is no.
'Could the DWP say the has a theoretical income from this arrangement and reduce their ESA?'
What is 'theoretical income' I wonder?
ESA does not cover housing costs so I can't see how this arrangement is costing the benefit system more, in fact it could well be saving it money! If the ESA claimant was living somewhere else where rent was payable he may be eligible to receive Housing Benefit and if so that would cost the benefit system more wouldn't it?
Perhaps the claimant should be left in peace Finni!
Kind regards
Mr B
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- Gary
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4 years 4 weeks ago #257706 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Living rent free
Hi Mr B
I have to agree with you.
I have never heard of 'theoretical income', there is 'notional income' Income one may not have received but on which one may still be taxed. The term is often associated with income from rental property or 'notional capital' Capital which the claimant does not possess but is deemed to possess, on the grounds that they have deprived themselves of it, in order to retain or increase their entitlement to means tested benefits.
Theoretically I could win the lottery every week, not that I do it every week.
Gary
I have to agree with you.
I have never heard of 'theoretical income', there is 'notional income' Income one may not have received but on which one may still be taxed. The term is often associated with income from rental property or 'notional capital' Capital which the claimant does not possess but is deemed to possess, on the grounds that they have deprived themselves of it, in order to retain or increase their entitlement to means tested benefits.
Theoretically I could win the lottery every week, not that I do it every week.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mr B
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- Finni
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4 years 4 weeks ago #257787 by Finni
Replied by Finni on topic Living rent free
[quote="Gary" post=257706I have never heard of 'theoretical income', there is 'notional income.' Income one may not have received but on which one may still be taxed. [/quote]
Ye, you are correct. I was referring to "Notional income" but used the wrong phrase "theoretical income".
I have a supplementary question. If a person claiming income-related ESA lives in a property and, this time, keeps watch on someone else who is elderly and frail who also lives there, then would notional income arise from that responsibility which might reduce their ESA?
(No one else lives there, both are single and do form a cohabiting couple.)
Ye, you are correct. I was referring to "Notional income" but used the wrong phrase "theoretical income".
I have a supplementary question. If a person claiming income-related ESA lives in a property and, this time, keeps watch on someone else who is elderly and frail who also lives there, then would notional income arise from that responsibility which might reduce their ESA?
(No one else lives there, both are single and do form a cohabiting couple.)
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- Gary
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4 years 4 weeks ago #257789 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Living rent free
Hi Finni
The answer is no, you either have to be in receipt of an income or had been in receipt of an income.
When you talk about 'cohabiting couple' are you talking about a relationship or do they live independant lives?
Gary
The answer is no, you either have to be in receipt of an income or had been in receipt of an income.
When you talk about 'cohabiting couple' are you talking about a relationship or do they live independant lives?
Gary
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