gift

Hi Alan,

I am sorry for the delay in replying to you, I suspect that is because of none of us really know, so we were all hoping someone else would!

I suspect that this is one where there is no clear written ruling, certainly I have not come across it. This means that you might have to argue things from first principles, should the DWP suddenly become aware of the gifts. I would expect them to look at things like how much you are being given and how often. Are you doing anything in return which could be seen as ‘earning’ it. What is your relationship to the person giving it to you etc etc. Is it reasonable for them to be simply giving you that amount of money on a regular basis. I would then expect the DWP to then apply a reasonableness test to it.

But Alan, that is what I would expect having dealt with the DWP in the past about odd money coming in, not what I know. If the gifts are significant I really think you should seek personal advice from someone local who can look at the details of your situation.

Sorry not to be able to be of more help - perhaps now your question is up on the forum someone else will be able to educate us all.
Catherine

Hi Alan

The good news is that these payments should be disregarded.

Voluntary payments (payments given without getting anything back in return) which are paid on a regular basis are ignored for IS, ESA, JSA & HB.

Voluntary payments

If someone (eg a family member) helps out with payments where nothing is expected in return, this is classed as a voluntary payment and is totally disregarded. However if it is a lump sum irregular payment it is treated as capital, and if it is paid by a former partner or parent of the claimant's child, it is treated as maintenance. HB Schedule 5 (14) (1) (b).

For UC the regulations list what counts as unearned income - voluntary payments are not on that list - so they are not counted.

The full list of unearned income that is taken into account (together with any exceptions) is given in Universal Credit Regulations (Regulation 66). And further guidance is given in ADM Chapter H5.

Gary