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financial gift from relative - is it ok?

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7 years 11 months ago #159219 by droopy
Hi everybody,
I am in the ESA support group. My mum wants to give me some money for my birthday. I don't want to accept it if it will create more problems than it solves. If anybody could advise about this I would be grateful ..
She has done this before and it has not caused a problem. How frequent would these gifts have to be for it to cause a problem? she has not done this for several years, so it is not like I am receiving a regular allowance at regular intervals.
Am I required to inform the DWP if the gift does not take me over the permitted limit for savings? Will they find out anyway? Are the banks required to notify them? I can't shake the notion that even if I am not legally doing anything wrong I am somehow inviting complications.
Forgive my paranoia. I admit I am paranoid, but I don't want to get dragged into some `benefits compliance' investigation, and there seems to be a suggestion elsewhere on the site that support group recipients are being targeted at random for these because there is no other way the DWP can harass them. I would rather not throw a spanner in the works and mess things up for myself if this is likely to happen,
thanks,
droopy

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7 years 11 months ago #159244 by Gordon
Replied by Gordon on topic financial gift from relative - is it ok?
droopy

OK the first question is what type of ESA are you receiving? If you are only receiving Contribution Based ESA then there is no issue with you receiving payments from your mother.

If you are receiving Income Related ESA in part or in whole then an infrequent payment that does not take you over the £6000 limit for savings and assets should not be an issue, but if the payments are made on a regular basis, for example; monthly, then this may be flagged to the DWP and you might be questioned as to whether this is in fact some form of income.

As long as this is not the case then it should not be an issue and you do not need to inform the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #159323 by droopy
Replied by droopy on topic financial gift from relative - is it ok?
Thanks very much for your reply. Did you mean by this that at any point, for any reason they see fit, your bank can reveal details of your account to the DWP without your consent or even prior knowledge? Would the DWP have to contact them first to ask for it or are the banks duty bound to pass on information to the DWP that might be useful to them?
Forgive my ignorance, and for bothering you about this,
Droopy

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7 years 11 months ago #159324 by Francis
Replied by Francis on topic financial gift from relative - is it ok?
If you ask for your Mum's gift to be given in cash no one will be any the wiser.

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7 years 11 months ago #159341 by Gordon
Replied by Gordon on topic financial gift from relative - is it ok?

droopy wrote: Thanks very much for your reply. Did you mean by this that at any point, for any reason they see fit, your bank can reveal details of your account to the DWP without your consent or even prior knowledge? Would the DWP have to contact them first to ask for it or are the banks duty bound to pass on information to the DWP that might be useful to them?
Forgive my ignorance, and for bothering you about this,
Droopy


No your bank can't do this without a Court Order but they are required to provide summary information to HMRC for Tax purposes and they share some of this information with the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #159348 by droopy
Replied by droopy on topic financial gift from relative - is it ok?
Thanks very much for that reply. That makes perfect sense. So if you start paying a lot more tax on your bank account earnings than usual this may trigger an inquiry. thanks again for clearing that up.
Droopy.

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