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IR esa how its looked at

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12 years 2 weeks ago - 12 years 2 weeks ago #84391 by Derekq
IR esa how its looked at was created by Derekq
Hello Forum
I have a question that maybe someone will know the answer to .........

If I go from esa(cb) into esa(IR) your savings are looked at, doe's anyone know if they look at HMRC to see if you have earnt interist & paid tax in the current ot past tax year ?

Or do they just ask to see a bank/building society account etc as proof of what you have in savings ? as I am sure they must ask you to fill out a decleration of what you have as assets.

Thanks, Derekq
Last edit: 12 years 2 weeks ago by slugsta.

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12 years 2 weeks ago #84404 by Gordon
Replied by Gordon on topic Re:IR esa how its looked at
Derekq

You will be asked to provide details of all your bank and savings accounts plus details of any other assets you might have.

The DWP do use reports from HMRC to check the amount of interest you are receiving and this can be used to hi-light any discrepancies between the facts and what a claimant has declared.

Gordon

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12 years 2 weeks ago - 12 years 2 weeks ago #84456 by Derekq
Replied by Derekq on topic Re:IR esa how its looked at
Hi Gordon
Thanks for the reply, I thought this may be the case, but I was not sure.
I recall hearing or reading that if you have savings and delbierately spend it or give it away to drop below the maximun figure as to fall in the band for recieving benefit payments they class you as not being elegable to claim.
Maybe I have it wrong there ?
I am not sure just how far back they can look at HMRC, what small amount I have would just take me over the threshold amount.
aseems they have us by the short & curlies !!!

Derekq
Last edit: 12 years 2 weeks ago by Gordon.

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12 years 2 weeks ago #84461 by Gordon
Replied by Gordon on topic Re:IR esa how its looked at
Derekq

It comes under the heading of Deprivation of Capital, if the DWP believes that the disposal of an asset was done in order to be able to claim a benefit, where the person would not be eligible for that benefit otherwise, then they can treat the asset as still being possessed with any associated limitations.

That said, there are no clear rules in this area and the final Decision will lie with a DWP Decision Maker.

Gordon

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12 years 2 weeks ago - 12 years 2 weeks ago #84462 by slugsta
Replied by slugsta on topic Re:IR esa how its looked at
There is something called 'Deprivation of Capital'. As I understand it this means that, if it is thought that you spent money soley with the intention of gaining access to benefits, you can be treated as if you actually still have this money and your benefit reduced/stopped accordingly. There are some things that you are allowed to spend on, but the rules are quite complex and beyond my remit.

Edit - beaten to it by Gordon!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 weeks ago by slugsta.

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12 years 2 weeks ago - 12 years 2 weeks ago #84468 by Derekq
Replied by Derekq on topic Re:IR esa how its looked at
Thanks Mrs Hurtyback & Gordon for your replys, yes now I recall those very words.

I will investigate more about this as so many of there terms are some what misty to say the least.

Derekq
Last edit: 12 years 2 weeks ago by slugsta.

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