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  • FIRST POST
    • QuadDee
    • By QuadDee 19th Mar 17, 7:45 PM
    • 6Posts
    • 2Thanks
    QuadDee
    Notifying DWP & Council
    • #1
    • 19th Mar 17, 7:45 PM
    Notifying DWP & Council 19th Mar 17 at 7:45 PM
    thanks for the advice
    Last edited by QuadDee; 20-03-2017 at 2:22 PM. Reason: privacy
Page 1
    • venison
    • By venison 19th Mar 17, 8:11 PM
    • 1,003 Posts
    • 1,064 Thanks
    venison
    • #2
    • 19th Mar 17, 8:11 PM
    • #2
    • 19th Mar 17, 8:11 PM
    The property yes, the comp no unless it takes you over capital limits.
    #WeStandTogether
    • tboo
    • By tboo 19th Mar 17, 8:16 PM
    • 456 Posts
    • 1,488 Thanks
    tboo
    • #3
    • 19th Mar 17, 8:16 PM
    • #3
    • 19th Mar 17, 8:16 PM
    Owning other property and not living in it will have to be declared to both the DWP and council so they can decide if it has to be included or disregared etc

    Link to Cheshire Council for example

    Some forms of capital can be ignored for a short period of time or some will be ignored for ever. Some of these may include:
    • Your home where you live
    • Your previous home if it is up for sale
    • Any property you own where an elderly or disabled relative lives
    • Any property where work is being done to make it fit to live in
    • A future interest in property. This is where you will only get the property when an event happens
    • If you are taking legal action in order to occupy your home
    • Money from the sale of your house which is to be used for the purchase of another property
    • Arrears of benefits
    • Special Government payments, such as former prisoners of war and CJD compensation payments.
    If it is indeed classed as uninhabitable while you wait for repairs then you can ask the local council to exempt it for a while for council tax purposes - this is dependant on the LA's criteria though

    The £200 each will have to be declared if your combined capital goes over the £6000/£16000 limit



    **** Evening all.

    My partner works 37.5 hours per week at minimum wage and i currently have an active ESA claim but don't actually receive any money for my ESA. I only get about £15.00 per week in housing benefit and the DWP pay my NI stamp. We also pay full council tax at the place we are living now.

    Just wandered if anyone can tell me if i need to notify the DWP and Local Council over these two issues.

    1) My father bought a house for my partner and I to help us get on the housing ladder and get a re-start on life. The house is in mine and my partners name but was paid for directly out of my fathers account with his money. Also the property is currently uninhabitable so we can't move in yet. My father is taking care of works so that we can move in.

    Do i need to notify the DWP about the house purchase?

    2) My partner and I received flight delay compo of £200 each for a delayed flight. Do i need to notifty the DWP over this?

    I have looked on the .gov web site but it doesn't mention anything.

    Thanks.
    Q
    ****
    Last edited by tboo; 21-03-2017 at 7:44 PM. Reason: adding in the missing opening post so it makes sense


    ----------------------------------------------------------
    “Life is change. Growth is optional. Choose wisely.”
    ----------------------------------------------
    • QuadDee
    • By QuadDee 19th Mar 17, 9:52 PM
    • 6 Posts
    • 2 Thanks
    QuadDee
    • #4
    • 19th Mar 17, 9:52 PM
    • #4
    • 19th Mar 17, 9:52 PM
    Thanks guys.
    Last edited by QuadDee; 20-03-2017 at 2:22 PM. Reason: .
    • tomtom256
    • By tomtom256 19th Mar 17, 11:05 PM
    • 823 Posts
    • 1,535 Thanks
    tomtom256
    • #5
    • 19th Mar 17, 11:05 PM
    • #5
    • 19th Mar 17, 11:05 PM
    Thanks guys.

    Does anyone actually know where it says that I must notify them regarding the house? I have looked online and can't find anything from the DWP or Government that says i must.

    Humm....
    Q
    Originally posted by QuadDee
    It's classed as capital for benefit purposes and presumably its worth over £16k?

    As such you have to tell them under capital rules as you could sell it at any time.
    • NYM
    • By NYM 19th Mar 17, 11:18 PM
    • 3,352 Posts
    • 5,862 Thanks
    NYM
    • #6
    • 19th Mar 17, 11:18 PM
    • #6
    • 19th Mar 17, 11:18 PM
    Thanks guys.

    Does anyone actually know where it says that I must notify them regarding the house? I have looked online and can't find anything from the DWP or Government that says i must.

    Humm....
    Q
    Originally posted by QuadDee

    Is there any particular reason why you don't want to notify them?

    I don't know what sites you've looked at but everyone I've seen state clearly that you must notify a change in circumstances. It may not specifically state you must tell them about a house, but it clearly does state that any changes must be notified.
    • Mersey
    • By Mersey 20th Mar 17, 12:10 AM
    • 1,482 Posts
    • 708 Thanks
    Mersey
    • #7
    • 20th Mar 17, 12:10 AM
    • #7
    • 20th Mar 17, 12:10 AM
    As a gift it wouldn't mean you've breached any rules, but should still be reported just so they don't begin a counter fraud investigation.


    As it'll become your own property you're living in (once you move in), it won't be regarded as spare capital - as it would if eg they checked the Land Registry, saw you owned the house and suspected you were renting it out.


    Re 2) no - redress is neither capital nor income to be declared. Nor are pools/lottery/a win on the Grand National [unless they take your net assets over £16k].
    Last edited by Mersey; 20-03-2017 at 12:14 AM.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • QuadDee
    • By QuadDee 20th Mar 17, 1:05 AM
    • 6 Posts
    • 2 Thanks
    QuadDee
    • #8
    • 20th Mar 17, 1:05 AM
    • #8
    • 20th Mar 17, 1:05 AM
    Thanks guys
    Last edited by QuadDee; 20-03-2017 at 2:23 PM.
    • marliepanda
    • By marliepanda 20th Mar 17, 1:14 AM
    • 4,560 Posts
    • 9,181 Thanks
    marliepanda
    • #9
    • 20th Mar 17, 1:14 AM
    • #9
    • 20th Mar 17, 1:14 AM
    Well i dont see it as a change of circumstance.
    And the official .gov web site only asks you to notify them if you/partner have a change in incomes, hours worked, if you start working, if your condition changes.

    The house is an asset and not capital, so i don't think i need to?
    Originally posted by QuadDee
    You have a house and you're claiming housing benefit.

    Think about it. They need to know.
    Survey Earnings 2017 - £163
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 20th Mar 17, 5:49 AM
    • 2,724 Posts
    • 1,424 Thanks
    keepcalmandstayoutofdebt
    My take on it is if parent/s have helped out, then they should support you in time of need, that is how it's viewed. No different to people who have partners on high incomes and then not eligible to receive benefit. Likewise those who have to proof xxx's involvement in their life when bank statements are viewed.

    Sure makes it interesting as to what happen to more than a quarter who have received parental help with it comes to getting a house.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • tyler2027
    • By tyler2027 20th Mar 17, 7:45 AM
    • 50 Posts
    • 64 Thanks
    tyler2027




    Regardless of whether you class something as an asset or capital, its held by the same rules


    "Where a claimant or their partner holds property, shares or anything else that needs to be valued there are rules regarding how these are valued. Generally there are three steps to this process:
    1. take the current market or surrender value of the investment item
    2. then disregard 10% of that value if selling it would involve costs
    3. then disregard any mortgage or loan secured on it
    The market value of property is assessed by the Valuation Office Agency and Merton applies to them for a valuation to be done"




    You have been gifted a property. This is a change of circumstances as its value increases your capital. Any change in capital may affect the small amount of housing benefit received. Therefore, as a condition of receiving benefits you are under a duty to report this change of circumstances.


    It may be that as this will be your future home, they may disregard it for a period of time as its being made habitable as tboo has already informed you.


    Once you move in, it will cease to be capital.


    HTH


    Ty


    http://www.merton.gov.uk/advice-benefits/benefits/hb-ctb/benefitsclaim/hbctbsavings.htm
    • QuadDee
    • By QuadDee 20th Mar 17, 9:48 AM
    • 6 Posts
    • 2 Thanks
    QuadDee
    thanks guys
    Last edited by QuadDee; 20-03-2017 at 2:23 PM. Reason: .
    • Penitent
    • By Penitent 20th Mar 17, 10:33 AM
    • 1,221 Posts
    • 3,568 Thanks
    Penitent
    When you apply for income-based benefits, you are asked if you own any property. (I remember this because I did own a property at the time and had to send them evidence that it was being sold in order to have it disregarded.) It is therefore sensible to assume that if you acquired a property while in receipt of income-based benefits, this is something you would need to declare so that the DWP/Council (rather than the claimant) can decide if it should be disregarded or not (otherwise you leave yourself open to an accusation of benefit fraud for failing to declare the change in circumstances).
    • TELLIT01
    • By TELLIT01 20th Mar 17, 11:57 AM
    • 3,608 Posts
    • 3,681 Thanks
    TELLIT01
    Thanks guys.

    Does anyone actually know where it says that I must notify them regarding the house? I have looked online and can't find anything from the DWP or Government that says i must.

    Humm....
    Q
    Originally posted by QuadDee
    With all benefits I have come across there is the catch all along the lines that you must inform them of any change of circumstances. Being gifted a house is most definitely a change of circumstances so you do need to inform the various bodies. How that property will be dealt with is down to the rules laid down around the specific benefit.
    • Mersey
    • By Mersey 20th Mar 17, 5:00 PM
    • 1,482 Posts
    • 708 Thanks
    Mersey

    Regardless of whether you class something as an asset or capital, its held by the same rules

    You have been gifted a property.

    Once you move in, it will cease to be capital.

    Originally posted by tyler2027

    But that's the very point.


    People may not realise or think its right, but claimants can live in houses they own. They just can't: not live in the property they claim from/own others/rent them out.


    The scenario you mention in the rest of your post would only apply to long-term cases ie if the OP didn't move in once it was habitable, they would be in breach for the capital gain and the asset itself both being breaches.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Mersey
    • By Mersey 20th Mar 17, 5:06 PM
    • 1,482 Posts
    • 708 Thanks
    Mersey
    With all benefits I have come across there is the catch all along the lines that you must inform them of any change of circumstances.
    Originally posted by TELLIT01


    Yes and no.


    'Change of Circs' must be reported - but it isn't a 'catch all' at all.


    It's been defined over years in Tribunal cases.


    Which is why 2) doesn't need to be reported.


    Although I never fail to be amused that a few in the DWP and on this forum [not including you here] believe reward points or a £50 win at Cheltenham should be referred as income or capital or a change of circs. I'd love to see the DWP cope with the bureaucracy if all 2 million claimants reported such changes, weekly.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
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