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DWP deprivation of funds advice

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4 years 11 months ago #248354 by Mark Haskell-Coo
DWP deprivation of funds advice was created by Mark Haskell-Coo
Hello all,
I need some expert advice as to why I can not use some of my pension fund to allow me to keep my car, which I currently pay for monthly on a PCP contract. I need to pay the lump sum owing on the vehicle or lose it. I do not cope well with public transport- so would be lost without my car.
Can anyone give me expert advice on this or point me to who can. Have already tried citizens advice, but this is apparently a very complex law????
Mark

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4 years 11 months ago #248366 by Gordon
Replied by Gordon on topic DWP deprivation of funds advice
madness

You do not mention any of the benefits that you receive, so no, we cannot help you with this matter.

The rules on Deprivation of Capital are not complicated but are subject to interpretation by a DWP Decision Maker, which means it can be very difficult to pre-empt what one DM might do and another will not. There are therefore no guarantees that any advice given will be followed by a DM.

Gordon

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

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4 years 11 months ago #248386 by Mark Haskell-Coo
Replied by Mark Haskell-Coo on topic DWP deprivation of funds advice
Sorry Gordon,
Should have mentioned I am in receipt of ESA, and PIP benefits. So it would appear my only option is to contact DWP and ask the question - but I am afraid of doing so because of the possibility of opening a can of worms, knowing how difficult they can be. Is this my only option?
Thanks for your help.
Mark
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4 years 11 months ago #248405 by Gordon
Replied by Gordon on topic DWP deprivation of funds advice
madness

Phoning the DWP is unlikely to be helpful as you will not be able to speak to a DM, just a call handler who even if they say "yes" or "no" has no authority to say so.

How much is the payment?

What ESA are you receiving? Is there an Income Related payment?

If you are only receiving Contribution Based ESA then your savings are not an issue.

The rules for ESA(IR) are

Asset and savings rule for ESA(IR)

You could write to the DWP office dealing with your claim, detailing what you intend to do and the monies involved.

Gordon

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

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