Income support now home owner.

johnnyloco

done thanks

Fiver29

I'm not an expert but I would have thought that she should have informed them of the compensation money, and putting the house in your name will probably only compound the situation.

terryw

Surely she has filled an IS form in during the last six years?

dmg24

Depending on what the compensation is for, it can mean that certain benefits will need to be repaid. Did the solicitor notify the DWP of the award when it was received?

I trust she has not been claiming any sort of housing benefits?

johnnyloco

Yes she should of told them about owning the home and im upset with her she didnt but nothing I can do about that now.

putting the house in your name will probably only compound the situation.

I think that also which is why I do not want to go down that road.

I will probably phone some benefit helplines tomorrow, I'm more trying to gauge the situation, just want it resolved with out any courts ideally.

johnnyloco

dmg24 wrote: »

Depending on what the compensation is for, it can mean that certain benefits will need to be repaid. Did the solicitor notify the DWP of the award when it was received?

apprently not.

I trust she has not been claiming any sort of housing benefits?

she claims council tax benefit for being on income support.

dmg24

johnnyloco wrote: »

she claims council tax benefit for being on income support.

CTB should not be a problem, LHA would be.

Has she declared that you are living with her?

Can you speak to the solicitor who dealt with the compensation claim? They should be able to look back and confirm whether the correct authorities were advised.

johnnyloco

dmg24 wrote: »

CTB should not be a problem, LHA would be.

Has she declared that you are living with her?

Yes

Can you speak to the solicitor who dealt with the compensation claim? They should be able to look back and confirm whether the correct authorities were advised.

I have got a contact for the sols, I amplanning to contact them.

johnnyloco

think ill call the CAB in the morning,

enabledebra

The OP is right to contact the CAB but thought I would add my tuppence anyway for what it's worth...

It's my understanding that the compensation recovery scheme requires those paying the compensation to repay an amount decided by the DWP to cover benefits paid to you as a result of the injury/disease you have been compensated for. The compensator may be able to reduce the award you recieve to reflect how much they have had to repay to the DWP. I can't think of a circumstance in which the claimant would need to repay DWP directly so I don't think that will be an issue. Although I must admit it's not an area I'm very familiar with so would be glad of more info on this from those who are- for my own interest as much as for the OP.

But the failure to declare capital for whatever period it was actually in her possession will be an issue if it was over the threshold(s). Capital over £6,000 would reduce an Income Support award by £1 a week per £250 of capital (or part of £250) above the £6,000 limit and for any period she had £16000 or more Income support should not have been paid at all.

Once the capital was spent it may or may not continue to affect Income Support entitlement. If the DWP think a significant reason for spending it was to avoid losing some or all of the Income Support award they will continue to take it into account as above and will reduce the amount of notional capital they say you have gradually over time so it can affect entitlement to IS for quite a while.

However, if they do not think keeping income support was a significant factor in the decision to spend the money they don't pretend you still have it once it's been spent. There are lots of things they take into account when deciding this and the CAB will go through this with you but a tenant using the money to buy a home for themselves is not a bad starting position.

Council tax benefit has similar rules to IS.

[Deleted User]

when a compo claim is going thru the solicitor usually writes to the claimant to see if they have received any benefits,this is usually done every 6 months(as some compo claims can take years)if any benefits have been claimed arising from the issue that compo is being claimed for these should have been repaid BEFORE your mother actually got the cheque for the compo.