unfair dismissal claim

fleur

I lost my job over a year ago due to my disability and have a claim for unfair dismissal which if I should win would pay me a lump sum of money. I've been on incapacity benefit since I lost my job and a few months ago was diagnosed with cancer, so the chance of me even finding part-time work at the moment is nil.
If I should win my claim would I have to declare it to the benefit agency? This past 12 months my debts have increased, you can't live on benefit you only just survive. My mum has helped me out alot, I thought of giving the money to her so that the benefit agency wouldn't know. Would this be against the law?

TheFlyingGerbil

It sounds to me like you knwo you should tell them as you are trying to find ways of dodging it.

Joe

Savvy_Sue

Is Incapacity Benefit a means tested benefit? If it is, you need to tell them. If it isn't, I don't think you do. But any advice that says you shouldn't tell them even if you're supposed to is encouraging you to break the law and commit fraud. I wouldn't consider that good advice ...

Eager_Elephant

Incapacity Benefit is not a means tested benefit so strictly speaking you don't need to tell them.

HOwever if you are also claiming Income Support,HOusing Benefit or Council Tax Benefit then you should let these people know as it is means tested.

If you were to give the money to your mum and the DWP found out it would be classed as deprivation of capital and you would have to pay back probably all the money for the above benefits.

Why not keep the money and spend it as you would any other money, so paying back debts, household bills .etc.

If you do go on to claim a means tested benefit in the future they would want to know where the money went so best not to be frivolous unless the money would last a lifetime so you then wouldn't need to claim anything.

Any more questions fire away

EE

fleur

Thankyou for the replies, its just that this is the only the second time that I've had to claim benefit all my working life and the first time that I've had the opportunity of some money to better myself, lifes not fair and it really p***es me off that I would have to lose it.:mad:

Hanxx

Presumably if you are awarded any cash by an Employment Tribunal you will pay off the debts first with it anyway?

Then it's a case of seeing what you're left with. What 'Eager_Elephant' says is 100% correct, in that the Incap people won't care about your savings, but any cash that you get would be treated as capital for Income Support purposes. It's possible that a large amount could severely affect an Income Support claim.

If you can prove to the DWP that you have debts and you've used the cash to pay those off then that should be ok, but if the cash is spent on a holiday or buying gifts for other people (just a couple of examples) then all of your spending will be scrutinised and it could complicate things. See what happens with your ET case and then consider your options carefully.

jayne.doe

if you are on pure( not topped up by income support) incapactiy i doubt you would need to declare. It is not a means tested benefit it looks purely on the fact that you have paid full national insurance contributions in the last two tax yrs, you could have a million in the bank makes no odds. If you had a pension they would take that into account tho... ring them and ask but this is a compensation payment.