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JSA do they need to know?

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Comments

  • There is no clear legislation that allows someone to reduce their capital and then claim state benefits, this could be seen has deprivation of capital. It is up to the DM how they inteperate the DMG and it is wise for a person who is looking at clearing debts before they claim benefits to consult with the DM otherwise they could be treated has having notional income.


    Not what I was told.......... pity I didn't keep the link from the DWP own website, I actually was given the advice on this website and sent the link to the DWP website and told to quote it

    All I was pointing out is that if £30K can be discounted then what the OP got is a small drop and since he's already getting the JSA then they must have decided NOT to query his payoff?

    Sorry for any confusion but as I said I sent all my receipts and could prove every transaction was for a debt including £20K for the re-possesed house. In affect I paid off a mortgage on a house that was no longer mine and the DWP and JobCentre said as long as the money was spent on debts and not on goods it's allowed, it pushed me below £6K and I got my IS of course had they allowed me to claim CB JSA, I wouldn't have to tell them savings, it was only them insisting I HAD to go on IS that had them looking at my bank account
  • dookar
    dookar Posts: 1,654 Forumite
    This doesn;t cover the subject in its entirety, but is a couple of excerpts from dmg:
    29815 The meaning of deprive is not a question of law and should be given its normal
    1
    every day meaning . So claimants have deprived themselves of capital if they no
    longer have it even if they use it to
    1. get
    2
    other capital or
    1.1
    1.2 personal possessions or

    2. pay debts.
    Claimants or partners have a choice if they
    1. give their capital away
    2. spend their capital extravagantly or imprudently even if they say they have
    used it to pay for the necessities of life
    3. pay back a debt before the agreed date, such as when they pay off their
    mortgage and the agreement says it is not due to be paid back for another 15
    1
    years
  • sorry new to this and the terms used , but what is the DMG?
    dookar wrote: »
    This doesn;t cover the subject in its entirety, but is a couple of excerpts from dmg:
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    sorry new to this and the terms used , but what is the DMG?
    Decision Makers Guide
  • dookar
    dookar Posts: 1,654 Forumite
    sorry new to this and the terms used , but what is the DMG?
    LizzieS wrote: »
    Decision Makers Guide

    Yes, it's basically guidance derived from statute and case law which is used by decision makers when deciding claims.

    It's basically the law in layman's terms and so easier to understand.

    Important to note however, that it is just an interpretation and whilst the law is absolute, the DMG may not be.
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