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Income-related ESA and gifts
- King_Drax_I
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5 years 1 month ago #246681 by King_Drax_I
Income-related ESA and gifts was created by King_Drax_I
I have a question about 'savings' rules.
If a person is on ESA (income-related (is that when they have never paid contributions?)) and receives a gift of say £10,000, but they already owe someone else £10,000 for property repairs, do they have to declare that £10,000 to the DWP as 'savings' even though it goes straight in and out of their account?
And, related to that, what would happen if the payment had instead gone into a joint account where the entire balance is already owned by the other account holder and not by the person receiving the ESA? Would it even count as being theirs? The person I am thinking of set up the joint account so that he/she could have two accounts with the same bank, but the entire balance is owned by the person who set it up.
If a person is on ESA (income-related (is that when they have never paid contributions?)) and receives a gift of say £10,000, but they already owe someone else £10,000 for property repairs, do they have to declare that £10,000 to the DWP as 'savings' even though it goes straight in and out of their account?
And, related to that, what would happen if the payment had instead gone into a joint account where the entire balance is already owned by the other account holder and not by the person receiving the ESA? Would it even count as being theirs? The person I am thinking of set up the joint account so that he/she could have two accounts with the same bank, but the entire balance is owned by the person who set it up.
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- Gary
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5 years 1 month ago #246682 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Income-related ESA and gifts
Hi Drax
It is always best to be open and honest.
In regards to your first question, sums earmarked for special purposes are disregarded, which includes an amount received in the past 6 months to be used for making essential repairs or alterations to your home, the DWP can allow more time if that is reasonable in the circumstances to help you conclude the matter.
UC Regs, Sch 10, paras 12-15
UC Regs, reg48(2)
In regards to your second question, you have to be careful of money laundering and fraudulent benefit claims. If I was a benefit assessor, it would ring alarm bells. You need to be aware that the DWP has access to all your records. I revert back to my first paragraph, it is always best to be open and honest.
www.moneyadviceservice.org.uk/en/article...outs-affect-benefits
Gary
It is always best to be open and honest.
In regards to your first question, sums earmarked for special purposes are disregarded, which includes an amount received in the past 6 months to be used for making essential repairs or alterations to your home, the DWP can allow more time if that is reasonable in the circumstances to help you conclude the matter.
UC Regs, Sch 10, paras 12-15
UC Regs, reg48(2)
In regards to your second question, you have to be careful of money laundering and fraudulent benefit claims. If I was a benefit assessor, it would ring alarm bells. You need to be aware that the DWP has access to all your records. I revert back to my first paragraph, it is always best to be open and honest.
www.moneyadviceservice.org.uk/en/article...outs-affect-benefits
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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