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relative helping out with money

hi

i'm on jsa, council and housing benefit.

my brother has been helping me out with money from time to time, usually once a month. we've no formal arrangement for this - just a brother helping out a brother in time of need.

how will this be viewed by the housing benefit people when my case is reviewed at the anniversary? last time it was reviewed they wanted to see bank statements, and this will show the money being transferred in.
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Comments

  • TOBRUK
    TOBRUK Posts: 2,343 Forumite
    Part of the Furniture Combo Breaker
    You will just have to be honest and say that your brother was helping you out! It will be up to them how it is viewed.

    I take it that from what you say your brother 'transfers' money to your account by internet banking? If they enquire you will have to tell them the truth. Is this done on a regular basis and the same amount?

    You will have to tell them why this money is transferred to your account - there is no other way I'm afraid.

    You can tell them that he has lent you this money and you intend to pay him back how and when you are in a position to do so.

    There is no point in worrying about it, if it arises you have to tell them the truth, otherwise you will get into trouble!
  • Fluffs123
    Fluffs123 Posts: 116 Forumite
    i'm not planning to lie about it lol i was just wondering if there's any way they might consider it a reason to withdraw or reduce the benefits.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    edited 9 March 2011 at 11:53AM
    Fluffs123 wrote: »
    hi

    i'm on jsa, council and housing benefit.

    my brother has been helping me out with money from time to time, usually once a month. we've no formal arrangement for this - just a brother helping out a brother in time of need.

    how will this be viewed by the housing benefit people when my case is reviewed at the anniversary? last time it was reviewed they wanted to see bank statements, and this will show the money being transferred in.

    As I understand it, money paid not on a regular basis, or with any understanding as to when it will be paid is capital.

    Specifically - see http://www.dwp.gov.uk/docs/dmgch29.pdf .
    29021 A payment is capital if it is
    1. not made or due to be made regularly and
    2. made without reference to a period.
    The payment is income if this does not apply.

    A problem might occur if 'usually once a month' occurs most months.

    I assume you've done the full budget thing, and looked at every expense to see if you can save on it, by switching supplier or ... ?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good advice already given but it would be better if he sent you money on an irregular basis. Once a month does look like a regular agreed payment.

    What a nice brother you have! So good to hear of people helping family out instead of some of the awful stories on here.
  • Surely not only will it go by how often it is paid in but also the amount, if it was just £10 here or there then they may just disregard that but if it were say £200 almost every single month then they might take that as income.

    Sorry no help at all I'm afraid, I think it'll be down to the adviser who see's you as to how they view it.
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  • TOBRUK
    TOBRUK Posts: 2,343 Forumite
    Part of the Furniture Combo Breaker
    I do actually remember a few years ago (I was receiving benefit) and I was helped out by a family member who gave me a couple of thousand pounds as I had a debt to pay.

    This was pulled up by the DWP (during a review) when I sent them my bank statements and I needed to explain the transaction. I had to give the details of the transaction and reason for it, name of the person and how I was related etc.

    I told them that I was going to pay them back when I was able to as there wasn't a time limit. They accepted this and everything was fine.

    I would say that if this does happen to you, you should explain IN WRITING so that you have a record - no point in speaking to someone over the phone, as you don't know who you are speaking to and whether they know what they are talking about anyway!!
  • Fluffs123
    Fluffs123 Posts: 116 Forumite
    thanks for the various replies. he has helped me out most months, and it does look regular, hence the reason for the post. i do agree that making them irregular would avoid any issues, and we'll have a think about that.

    it is a bit more than the odd £10! lol but can it be viewed as income imo, as i'm not doing any work for it?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Fluffs123 wrote: »
    it is a bit more than the odd £10! lol but can it be viewed as income imo, as i'm not doing any work for it?

    It can be but won't necessarily will be. It's a grey area.

    rogerblack's post is most relevant. You need your brother to change the way he sends the money - can the timing be changed, could he give you more at birthday/holiday times/Christmas and less at other times? Be imaginative.

    If your brother puts it in writing that he is helping you out at the moment but won't always be able to do so, that will also help.
  • pandaspot
    pandaspot Posts: 533 Forumite
    yes that will be counted as income then as its a regular monthly amount.

    it will probably reported to the la fraud section by the assessor so they can investigate how long these payments have been received, and the exact amounts so it can be added to your claim. but this does depend on the assessor and what the fraud section is like at your la. I certaintly would refer.

    but wait are you on income based jsa? or conts?
  • Fluffs123
    Fluffs123 Posts: 116 Forumite
    pandaspot wrote: »
    I certaintly would refer.

    do i take that to mean you work as a benefits officer? not being nosey, but clearly who you are affects how much weight i put in your opinion.

    i was given the once-over, think it's called the verification framework, last October, and he wrote a letter then saying he had loaned me £x on an informal basis. that was all passed ok. i think that means they will leave me alone for at least a year, so perhaps we'll stop the payments 2 months before the anniversary, as they only wanted to see 2 months of statements.

    i'm being made to feel we're doing something untoward here! surely that's not the case?
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